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2016 (8) TMI 1072 - AT - CustomsEnhancement of the redemption fine imposed by the adjudicating authority - Held that:- We find that in all the cases, the fact is that the respondents have imported Marble Blocks without obtaining Special Import Licence and there is also mis-declaration of the value. We observe from the impugned order that though the redemption fine was not to the extent of margin but the penalty was substantially enhanced. If both penalty and redemption fine are taken together it is more or less equal to the margin therefore principle that the margin should be wiped out stand complied with. Therefore, we do not see any reason to interfere in the imposition of penalty and fine ordered by the adjudicating authority. Moreover, this Tribunal in the case of Stonemann Marble Industries Vs. Commissioner (2002 (1) TMI 1254 - CEGAT, MUMBAI) on the identical case the redemption fine and penalty was reduced to 20% and 5% of the CIF value respectively. This decision of the Tribunal was upheld by the Hon’ble Supreme Court in the case of Commissioner of Customs (Import) Vs. Stonemann Marble Industries (2011 (1) TMI 15 - SUPREME COURT OF INDIA ). In view of above position, firstly we find that taking into consideration the total amount of penalty and redemption fine imposed by the adjudicating authority which is equal to the margin, no further enhancement is required. We, therefore upheld the impugned orders and dismiss the appeals filed by the Revenue.
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