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2011 (10) TMI 54 - CESTAT, MUMBAIRedemption fine and penalty - import of marble slabs - Statements were recorded and the value of the goods were enhanced to Rs.24,96,999/- instead of declared value of Rs.16,92,706/-. Redemption fine of Rs.12,00,000/- was also imposed - due to cracks, hole, variation in colour and basic bargaining an allowance upto 40% is given as per trade practice in marble. - the appellant has not disputed the quantity and paid duty accordingly- redemption fine and penalty is not imposable under Section 112(a) of the Customs Act, 1962 - The quantum of redemption fine should have certain base i.e. Market survey. On which basis, the redemption fine is imposed is totally absent in the impugned order - Appeal is allowed by way of remand.
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