2019 (8) TMI 225

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....comprehensive manner and decided the appeal with the following observations:- ''.. 8.2 It appears from the record of evidence in this case that this equipment, after its clearance, was mounted on a vehicle and put to use as mobile unit for the intended purpose by the appellants. The company's Chartered Accountant's certificate, produced by counsel, shows that, out of use of the imported equipments, they could achieve substantial exports [to the extent of US $ 783423 upto 17.07.2006] under the EPCG Scheme. However, the requisite installation certificate was not produced within the period prescribed under Notification No.55/2003-Cus. or thereafter. It has been argued by learned counsel that it was no....

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....for redeeming the goods was available to the importer. He ought not to have ordered absolute confiscation and should have allowed the party to redeem the goods on payment of a reasonable fine besides duty. In the facts and circumstances of this case, we are of the view that 15% of the value of the goods would be a reasonable fine for redemption thereof and this works out to Rs. 19,00,000/- [Rupees Nineteen lakhs only]. The Company will be entitled to redeem the DSNG equipment against the payment of this fine. The duty foregone in Bill of Entry No.6394 dated 06.08.2003 shall also be paid along with redemption fine as the company disentitled themselves to the benefit of Notification by not fulfilling the mandatory requirement of installation ....