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2015 (5) TMI 800 - MADRAS HIGH COURTImports in violation of the Exim Policy - Deterrent penalty - Tribunal set aside penalty - Non speaking order - Held that:- Goods were contracted and shipped on 01.08.2004, i.e., when the import of second-hand machinery was not permitted. However, the bill of entry was filed on 09.09.2004. The importer taking advantage of the new Foreign Trade Policy, 2004-09, submitted that at the time of filing bill of entry, new policy had come into force permitting importation of second-hand machinery, the importer is entitled to import the second-hand machinery without any specific licence. - Tribunal, having upheld the contravention of Section 111(d) of the Customs Act, had merely referred to the decision in the case of Soni Ispat Ltd. Vs. Commissioner of Customs (Import) [2007 (2) TMI 125 - CESTAT, MUMBAI] and reduced the redemption fine from ₹ 3.00 lakhs to ₹ 50,000/- and set aside the entire penalty. There is no reason why the Tribunal had reduced the fine and set aside the entire penalty. - Tribunal has not passed a speaking order justifying the reduction of fine and setting aside the penalty. Hence, we have no other option except to remand the matter back to the Tribunal to reconsider the issue afresh - Decided in favour of Revenue.
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