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2022 (2) TMI 469 - AT - CustomsQuantum of redemption fine and penalty - misdeclaration of description and value - goods were declared as glass beads unfinished but on examination, the goods appeared to be solid glass ball without hole and glass chatons instead of glass beads unfinished - HELD THAT:- The quantity declared by the respondent in weight and there is no variation on the weight of the consignment and there is no allegation in the show cause notice for misdeclaration of quantity. In that circumstances, the charge of misdeclaration of quantity is rightly dropped by the Ld. Commissioner (Appeal). It is a fact on record that the declared price has been accepted by the respondent on which they have paid the differential duty of ₹ 18,00,000/- (approx.) therefore, considering the duty paid by the appellant and margin of profit, the Ld. Commissioner (Appeal) has rightly reduced the redemption fine from ₹ 17,00,000/- to 1,00,000/-. The redemption fine imposed by the Ld. Commissioner (Appeal) is sufficient in the interest of justice. Further, in the impugned order, the Ld. Commissioner (Appeal) recorded the finding that there is no finding given by the adjudicating authority for imposing the penalty under Section 117 of the Act. In that circumstances, the Ld. Commissioner(Appeal) has rightly dropped the penalty against the respondent. There are no infirmity in the impugned order - appeal dismissed - decided against Revenue.
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