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2009 (6) TMI 696 - HC - CustomsRate of redemption fine and penalty - Import of second hand photocopiers without obtaining licence - violation of the ITC regulation and the EXIM policy – Held that:- Value as declared by the respondents was not accepted and it was refixed based on the Chartered Engineer’s certificate, which was no doubt higher than the value as declared by the respondent - quantum should depend on the totality of the facts and circumstances of each case and that bona fide action of assessee by itself cannot entitle him to claim full waiver of fine - power of discretion by the authority is to be exercised based on well founded principles and should not be done in a mechanical way - rate at which the redemption fine is imposed in similar cases has been taken note of only for the limited purpose of maintaining consistency - this is not a case where the rate is applied uniformly in a mechanical way; but similar rate of redemption fine was adopted for parity of reasons
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