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2014 (9) TMI 442 - MADRAS HIGH COURTImport of old and used digital multifunction printing machines - confiscation - Section 112 - Commissioner (appeals) reduced the quantum of redemption fine and penalty - tribunal refused to enhance the quantum of redemption fine and penalty - Held that:- Tribunal in the present case has relied upon the various decisions including that of the decision of this Court in the case of Sai Copiers [2008 (1) TMI 402 - HIGH COURT OF JUDICATURE AT MADRAS] only to come to a prima facie conclusion that the case does not deserve enhancement of redemption fine and penalty. With regard to the calculation of margin of profit, taking into consideration the various parameters required under Section 125 of the Customs Act, 1962 and in the absence of any market enquiry conducted by the Department, the Tribunal came to the conclusion that the value has been fixed by the Chartered Engineer's at the behest of the Department and therefore, no fault could be attributed to the assessee. The maximum that could be levied is only prescribed. There is no statutory prescription that the penalty should not be reduced by the appellate authority. - Decided against the revenue.
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