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2016 (5) TMI 915 - AT - CustomsRestriction on import - Import of Random Polished Marble Slabs of CIF value less than US Dollar 60 per SQM - freely not importable as per Notification No. 65(RE-2010)/2009-14 dated 04.08.2011 - Held that:- the good were of “CIF” value less than US $ 60 per SQM even on the date of shipment and remained in violation of Exim Policy on the date of their imports as the CIF value was admittedly less than US $ 60 per SQM. Consequently, the impugned goods became liable to confiscation under Section 111(d) of Customs Act, 1962. However, it is also evident that in the above scenario, there is no whiff of any deliberate misrepresentation and the goods were in violation of Exim Policy only marginally as the CIF value worked out to be only marginally less than US $ 60 per SQM and that too due to monthly exchange rate changes notified vide Customs Notification after the appellant obtained quotation for the goods on 10.09.2011. Therefore, in all fairness and in the interest of justice, considerable leniency is called for in adjudging the redemption fine and penalty. Impugned order is upheld except that the redemption fine and penalty are reduced to ₹ 1,50,000/- and ₹ 50,000/- respectively - Decided partly in favour of appellant
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