TaxTMI 
TaxTMI 
2024 (2) TMI 263
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....Charted Engineer assessed the value of the goods as Rs. 42,49,780/-. Alleging violation of various provisions of law, a show cause notice dated 3-12-2018 was issued. Thereafter, the Adjudication Authority issued the order on 23-8-2019, whereby ordered absolute confiscation of the goods. For the alleged violation, the Adjudication Authority imposed penalty of Rs. 42,49,780/- under Section 112(a)(i) of the Customs Act, 1962. Aggrieved by the said order, the appellant filed an appeal before the Commissioner (Appeals). The Commissioner (Appeals) vide order dated 11-11-2021 after considering the various judgments of the Hon'ble Supreme Court and this Tribunal in similar cases, held that goods are not liable for absolute confiscation and remanded....
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....tion/demurrage charge. 3. The Learned A.R. for the Revenue produced the copy of the Final Order No. 21308-21309/2019, dated 20 December, 2019 of this Tribunal in the matter of M/s. S.R. Enterprises & M/s. Digital Enterprise where the issue was considered by this Tribunal. Though the order of absolute confiscation was found unsustainable, the matter was remanded to Lower Authorities on the ground that the economic advantage of import even in the absence of license mandated for restricted goods must be neutralized with reference to the market price of the goods that are imported against such license. It is the negation of this windfall that is the intent of determining the quantum of redemption fine. Considering the said finding, the Le....
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....0762-20763/2021, dated 23-9-2021 considered the appeal on merits and following the decision of the Tribunal in similar cases, allowed the appellant to redeem the goods on payment of redemption fine of 10% on the enhanced value and penalty also reduced to 5% of the enhanced value. The Learned Counsel further submits that the issue attained finality only after more than 6 years and the importer had suffered huge losses due to undue delay in clearing the goods due to such remand order. Learned Counsel further submits that in the absence of any finding regarding market value of the goods in the impugned order, the ratio of the judgment of the Hon'ble High Court of Kerala in the matter of Commissioner of Customs, Cochin v. Office Devices - 2009 ....
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....view and released these goods on payment of redemption fine of 10% & penalty of 5%. From the Final Order No. 20844/2020, dated 15-12-2020 in the case of M/s. Accord Digitech v. C.C., Bangalore passed by this Tribunal, it is clearly evident that the used Digital Multifunction Printing and Copying Machine were released on payment of redemption fine of 10% and penalty of 5% of the enhanced value of the imported goods. This was also followed by this Bench in the case of M/s. S.R. Enterprises v. Commissioner of Customs, Bangalore vide Final Order No. 20762-20763/2021, dated 23-9-2021 wherein the redemption fine and penalty was 10% and 5% respectively. The ratio of the judgment of the Hon'ble High Court of Kerala in the matter of Commissioner of ....