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2016 (4) TMI 362 - AT - CustomsImposition of fine and penalty - Export of marble articles such as table tops - Declared value on higher side and there is variation in import prices, so the goods are taken back to town - as goods are liable for confiscation, redeem them on payment of fine and penalty of ₹ 1,00,000/- and ₹ 10,000/- respectively but after department being gone into appeal, the fine and penalty increased to ₹ 4,00,000/- and ₹ 7,50,000/- respectively - Held that:- the earlier adjudicating Commissioner vide his order-in-original has found the market value of the goods around $ 30/- to $ 70/- per sq.m. and the realistic value could not be more than ₹ 8 to 10 lakhs in each case and the exporter had accepted this adjudication order. It is pertinent to mention that the declared value of the marble i.e. US$ 650/- per sq.m. is extremely high, considering the fact that import prices of the goods during the relevant period varied from $ 30/- to $ 70/- per sq.m. In the impugned order, the learned Commissioner has also observed that by overvaluation, the appellant would have got the benefits of customs duty to the tune of ₹ 11,17,402.73 (approx.) by showing the export towards fulfilment of export obligation under the EPCG licence dated 21.3.1996. As per the remand order of the Tribunal, the learned Commissioner redetermined the redemption fine and revised it to ₹ 4,00,000/- which, according to our opinion, is not excessive and therefore, upheld. However, the learned Commissioner has revised the penalty from ₹ 20,000/- to ₹ 7,50,000/- which, is on the higher side and, therefore, reduced to ₹ 5,00,000/- and there is no change in in value of redemption fine. - Decided partly in favour of appellant
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