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2017 (1) TMI 915 - AT - CustomsImposition of redemption fine and penalty - valuation of imported goods - secondhand 4 cylinders motor vehicles diesel engines - confiscation on the ground that all the goods are secondhand goods other than capital goods and are restricted for import and can be imported only in accordance with the public notice or the licence issued on this behalf - Held that: - valuation as adopted by the first appellate authority and the adjudicating authority cannot be faulted with - The confiscation of the secondhand diesel engines which are imported is also upheld as these diesel engines are secondhand in nature and should have been imported only with a specific licence which was not done so. Since the goods are liable for confiscation under Section 111(d) of the Customs Act, 1962, penalty has been correctly imposed under Section 112(a) of the Customs Act, 1962. However, the redemption fine imposed by the adjudicating authority is on the higher side. It has been a consistent view of the Tribunal that redemption fine should be 20% of the enhanced value of the goods. Accordingly, we hold that the goods are liable for confiscation and can be redeemed on payment of redemption fine which is equivalent to 20% of the enhanced value of the engines. Appeal disposed off - decided partly in favor of appellant, by reduction of quantum of redemption fine.
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