2026 (7) TMI 1288

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....sioner (Appeals) has rejected the appeal of the appellant and upheld the Order-in-Original. Since, the issue involved in both the appeals are identical and there is a common impugned order, therefore both the appeals are taken up together for discussion and decision. The details of both the appeals are given here in below: Sr. No. Name & Address of the appellant Bill of entry No. & date Order-in-Original & date Redemption Fine/Penalty (In Rs.) 1. M/s S R K Overseas 4732/21, 1st Floor Dayanand Road, New Delhi 110032 Bill of Entry No. 7520290 dated 06.08.2018/LUD-CUS-JC-RRG-040-18-19 dated 27.09.2018 12,12,530/-(RF) 25,000/- (Penalty) 2. M/s Photofax System 1280 Dr. Mukherjee Nagar Behind Batara Ci....

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.... imposition of penalty of Rs. 25,000/- in each case. Aggrieved by the said order, the appellant filed the appeals before the Commissioner (Appeals) who rejected the same. Hence, the present appeals. 3. Heard both the parties and perused the material on record. 4. Learned Counsel for the appellant submits that the impugned order is not sustainable in law and is liable to be set aside as the same has been passed without properly appreciating the facts and the law. He further submits that the charge of mis-declaration has been levelled solely on the basis of the mis-interpretation of the provision of the Foreign Trade Policy. He further submits that the imposition of fine and penalty is bad in law in so far the goods imported by the appe....

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....olute confiscation is not justified and goods can be released on payment of redemption fine and penalty. In the earlier decisions, this issue has been considered and it has been held that 10% and 5% of the enhanced value would be proper for redemption fine and penalty respectively. We adopt the same yardstick in arriving at the redemption fine and penalty and order that imported goods may be allowed for clearance on payment of redemption fine @ 10% and penalty @5% of the reassessed value besides payment of applicable Customs duty. 7. In view of our discussion above, by following the ratio of the various decisions cited supra, we are of the considered opinion that the impugned order is not sustainable in law and therefore set aside ....