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2011 (2) TMI 892 - CESTAT, DELHIMis-declared goods with intention to take excess draw back claim - confiscated with an option - Reduction in redemption fine - the shipping bills were filed by the assessee in August, 2010 and the goods are lying at port the assessee has incurred heavy detention and demurrage charges. Moreover, season is over as these garments were to be used during festive season of Id. We find that redemption fine is at higher side, therefore, exercising our discretionary power we reduce the redemption fine to Rs. 10,00,000/- (Rupees ten lacs only). Enhancement of penalty - found that in such a case the adjudicating authority has imposed a penalty of Rs. 20,000/- only which is at lower side - Considering the nature of offence committed by the assessee and the malafides, we enhance the penalty to Rs. 5 lakhs.
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