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2013 (11) TMI 890 - CESTAT AHMEDABADConfiscation of goods - Over valuation of goods - Imposition of redemption fine and penalties - Held that:- there was over-valuation of the consignment of silk waste and semi-processed silk material which was sought to be exported. We agree with the findings recorded by the adjudicating authority that such goods are liable for confiscation under the provisions of Section 113 - redemption fine imposed by the adjudicating authority in lieu of such confiscation is also correct as the goods were cleared for export by the lower authorities on execution of bond and bank guarantee as per the direction of their lordships in Civil Petition - no reason to interfere in such a reasoned order for confiscation of such goods and hence uphold that portion of the order and reject the appeal to that extent. Appellant M/s Western Silks has filed the shipping bills and documents, wherein it has been conclusively held that the said goods were over-valued, we are of the view that the appellant M/s Western Silks is correctly penalized under Section 114 of Customs Act, 1962 - goods which were seized, were allowed to be exported and the consideration for such export has already been received in advance, the penalty imposed on M/s Western Silks seems to be excessive in this case and dis-proportionate - ends of justice will be met if the penalty imposed on M/s Western Silks, Ahmedabad is reduced - there is no dispute as to the fact that he is a proprietor of M/s Western Silks. It is settled law that proprietor and the firm are not independent of each other and hence having upheld the penalty imposed on M/s Western Silks, we are of the considered view that penalty imposed on the proprietor is unsustainable and needs to be set aside - Decided partly in favour of assessee.
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