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2014 (5) TMI 242 - CESTAT BANGALOREReduction of Redemption Fine & Penalty - Intention of Mis-declaration - Confiscation of imported computer parts viz. RAMs, Microprocessors and Hard Disk Drives – Variation in the quantity – Sections 111(l) & 111(m) and 112(a) of the Customs Act - Held That:- Original adjudicating authority himself admits that there was no intention of deliberate mis-declaration - There is no challenge or verification of the claim made by appellant that mistake happened at the end of the supplier - No verification was made with another customer to whom the goods were meant and as to whether there was deliberate mis-declaration or not - No doubt in terms of Section 112 rendering the goods liable to confiscation is sufficient - Nevertheless, the importer claimed that it was a mistake and it happened because of the supplier and another customer which has not been gone into and considered at all - Accordingly, the penalty imposed on the appellant is reduced to Rs. 10,000/- (Rupees Ten thousand only). Once the goods are liable for confiscation, the redemption fine could be upto the market value - Even though learned counsel submits that profit margin should be taken into account, statutorily the same is not required - In the absence of verification and having considered the fact that goods were lying more than 2 months from the date of import and that importer cannot be held entirely responsible for the mis-declaration the redemption fine is required to be reduced - Accordingly, the redemption fine is reduced to Rs. 50,000/- (Rupees Fifty thousand only) to meet the ends of justice – Decided partly in favour of assessee.
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