2017 (7) TMI 379

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.... ORDER Per Bench The appellant imported the following impugned goods from M/s. Mitsuike Machinery Co. Ltd., Tokyo, Japan, vide invoice dated 11.11.2003, and filed Bill of Entry No. 563180, dated 09.12.2003 claimed clearance of the goods on the arrival of the subject goods at Chennai Harbour for home consumption. They had enclosed the Load Port Chartered Engineers Certificate. (i) used Heidelbe....

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....e the goods being second hand goods were restricted items as per 2.17 of Foreign Trade Policy and the lower authority confiscated the goods and imposed a redemption fine of Rs. 2,50,000 in lieu of such confiscation and imposed penalty of Rs. 1,50,000/. The goods were provisionally released. The appellants have filed appeal challenging the enhancement of value as well as imposition of redemption fi....

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....ods, the redemption fine and penalty may not be set aside. 4. We have heard the submission made by both sides and also perused the records. 5. The issue for consideration is only whether there is sufficient ground for reducing the redemption fine and penalty imposed by the Commissioner. The value was enhanced as per the Chartered Engineers report which is as under:- Sl. No ITEM Invoice value ....