2008 (2) TMI 181

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....ri K. Sambi Reddi, Authorised Representative (JDR), for the Revenue. Ms. Anjali Agarwal, Advocate, for the Respondent. [Order Per Dr. S.L. Peeran.]-1. These two Revenue appeals are against the Orders-in-Appeal Nos. 12 & 13/2007-Cus dated 28th March, 2007 by which the Commissioner (Appeals) has fixed the Redemption Fine and Penalty at 10% and 5% respectively on the Transaction Value in the li....

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....ty. The determination of RF and penalty by the original authority was correct and the Commissioner (Appeals), reducing the same to 10% and 5% of Transaction Value, cannot be accepted. 2. The learned DR submits that the Tribunal, in the case of Jagson International Ltd. Vs. CC, Chennai-  2006 (199) ELT 553(Tri.-Del.) has held that market value, in any case, is required to be ascertained whi....

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....s of like nature including the old and used computer monitors, this Tribunal has fixed the Redemption Fine and Penalty at 10% and 5% respectively of the Transaction Value and those appeals have not been contested by the Revenue and, therefore, the Commissioner (Appeals) was justified in applying the ratio of those rulings. The learned Counsel further submits that if the goods were different than t....