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2014 (3) TMI 925 - AT - CustomsRedemption fine - Enhancement - Whether redemption fine once imposed while allowing clearance of imported goods can be enhanced subsequently - Held that:- redemption fine cannot exceed the market price of the confiscated goods less the duty chargeable on the imported goods. - For the purpose of determining the quantum of redemption fine, therefore it is essential to determine the market price of the confiscated goods adjudicated upon. It is possible that adjudicating authority may not have determined the Margin Of Profit (MOP) properly and actual MOP could be more. Under such circumstances theoretically redemption fine could be enhanced. However, to arrive at such an opinion of enhancing redemption fine concerned authorities need to determine the market price of the imported goods around the time of import and determine the Market Price and the MOP. In the instant case there is no evidence at all that after adjudication a higher MOP with respect to the imported goods, was determined by the Appropriate Authorities. In the absence of any such evidence on record, there is no justification for enhancing the redemption fine imposed by the Adjudicating Authority - Decided in favour of assessee.
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