2003 (6) TMI 131

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....irected against the Order-in-Appeal No. C. Cus. 592/2002, dated 31-12-2002 by which the Commissioner (Appeals) has reduced the fine to Rs. 2,50,000/- and the penalty to Rs. 50,000/-. 2. Appearing on behalf of the appellants ld. Counsel Shri A.K. Jayaraj, submits that there has been a great discrimination against them and in the process they could clear the goods almost after 7 months and have p....

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....tical goods viz. used colour monitor, the redemption fine was reduced by the Commissioner (Appeals) to Rs. 60,000/- and penalty was reduced to Rs. 6,000/-. In other words, in this case also ld. Commissioner (Appeals) has reduced the redemption fine to about 10% of the CIF Value and reduced the penalty to 10% of the redemption fine. However, in their case for an identical goods where the value was ....

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....ve situation and the discrimination, the demurrage charges to the tune of Rs. 3 lakhs had to be paid by them, completely wiping out their margin of profit. Ld. Counsel submits that the redemption fine should be at least reduced to 10% of the value of the goods and the penalty to 10% of the redemption fine as was the treatment given to the similarly placed persons. However, the learned Counsel want....

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....n and it may be in these circumstances ld. Commissioner (Appeals) has reduced the fine and penalty to 10% on CIF value and penalty reduced to 10% on the redemption fine. She further submits that there is no discrimination as their case was decided first whereas the cases which are dated 30-4-2003 the Commissioner (Appeals) has imposed consistent fine and penalty in both these cases decided on 30-4....