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2016 (3) TMI 554 - AT - CustomsReduction of Redemption fine and penalty imposed - In lieu of confiscation - Appellant accepted enhancement of value and Pre-shipment inspection certificate produced was not in consonance - Held that:- the importer have attempted to comply with the statutory conditions prescribed in the handbook of procedures under the Foreign Trade Policy regarding import of scraps, though the certificate produced, as a pre-shipment inspection certificate, was not accepted by the department and also by the Adjudicating Authority for the sole reason that the name had not been listed in the appendix 28. It appears that while the Head Office was recognized, the branch was not so recognized. Though there were violations of the Foreign Trade Policy read with Handbook of Procedures, the goods are liable to confiscation in view of section 111(d) of the Customs Act, 1962 and levy of penalty is also justified but as the redemption fine and the penalty imposed are on the higher side the fine in lieu of confiscation imposed are reduced from ₹ 5,09,000/- to ₹ 50,000/- and penalty penalty from ₹ 1,30,000/- to ₹ 30,000/-. - Decided in favour of appellant
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