2017 (3) TMI 828

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....pondent [Order Per: Sulekha Beevi, C.S.] 1. The appeal is filed against the order passed by the Commissioner (Appeals) who upheld the enhancement of duty, the redemption fine and penalty imposed. 2. The appellants imported MFD (Digital Multifunctional Devices) printer cum copiers of Canon make vide Bill of Entry (BoE) dated 12.06.2012. They declared the value as Rs. 27,64,211 /- and the s....

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....e port prior to 05.06.2012. Thereafter, the BoE was filed by appellant on 12.06.2012. Meanwhile within a short period of one week the amendment to the para 2.17 of FTP was introduced whereby the import of MFD copiers was restricted. That there was no intention to violate the condition laid in the FTP for the reason that at the time of placing purchase order there was no restriction. The Ld. Counse....

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....ods. Therefore in my view the imposition of such high penalty is not warranted in the circumstances of the case. I hold that reduction of penalty to an amount of Rs. 15,000/- would meet the ends of justice. Further, the value declared by the appellant being Rs. 27,64,211/- and the enhancement being only Rs. 31,38,238/-, I consider that the redemption fine also can be reduced to 10% and therefore I....