2015 (9) TMI 513

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....r. Vikram Ramakrishnan For the Respondent : Mr. Hari Radhakrishnan Judgment (DELIVERED BY R.SUDHAKAR, J.) Aggrieved by the order passed by the Tribunal in allowing the appeal filed by the assessee, the Revenue/appellant is before this Court by filing the present appeal. This Court, vide order dated 2.3.2012, while admitting the appeal, framed the following substantial questions of law ....

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....ide the order imposing penalty under Section 112 of the Customs Act, 1962?" 2. The case relates to confiscation of goods and consequent imposition of redemption fine and penalty in a case of import of second hand machinery under different consignments under different bills of entry. The adjudicating authority confiscated the goods and imposed redemption fine of Rs. 3,00,000/- and penalty of Rs.....

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....e present appeal. 4. Learned counsel appearing for the 2nd respondent/assessee raised a preliminary objection as to the maintainability of the case of the appellant contending that the appellant ought not to have filed the appeal in view of Board Circular DO F. No.390/170/92-JC dated 13.1.1993, wherein for preferring an appeal, monetary limit is fixed and only if the monetary limit exceeds Rs. ....

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....seen from the records that the assessing officer initially imposed Rs. 3,00,000/- as redemption fine and Rs. 70,000/- as penalty, which, on appeal, was subsequently reduced by the Commissioner (Appeals) to Rs. 1,30,000/- and Rs. 40,000/- respectively and on further appeal by the assessee, the Tribunal set aside the order of the Commissioner (Appeals).Therefore, it is very clear from the records th....