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2015 (4) TMI 599 - AT - CustomsImposition of redemption fine - Whether redemption fine and penalties are impossible when quantity of 2 Ethyl Hixyl Acrylate, imported by appellant under Bill of Entry No. 245685 dated 20.06.2013, was received in excess of the quantity specified in the documents, without the knowledge of the appellant - Held that:- Adjudicating authority demanded duty/ interest and imposed redemption fine of ₹ 1,15,000/- upon the appellant under Section 125(l) of the Customs Act, 1962. He also imposed a penalty of ₹ 35,000/- upon the appellant vide Section 112(a) of the Customs Act, 1962. Under the impugned OIA, first appellate authority set-aside the levy of duty but upheld imposition of redemption fine and penalty but reduced the same to ₹ 60,000/- and ₹ 15,000/- respectively. - Following decision of Commissioner of Customs (Export), Chennai vs. Bansal Industries [2006 (9) TMI 58 - HIGH COURT, MADRAS] - In view of the settled proposition of law, redemption fine and penalty are imposable. No other contrary case law of higher judicial forum has been brought to the notice of the Bench by the appellant. Further, first appellate authority has already extended substantial benefit to the appellant by setting aside the duty liability and by reducing the redemption fine and penalty - Decided against Assessee.
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