2023 (6) TMI 422 - CESTAT BANGALORE

Quantum of Redemption Fine and penalty - Valuation of imported goods - used Multifunctional Devices (MFDs) - restricted goods or not - appellant could not produce valid authorization - rejection of transaction value - enhancement of value - HELD THAT:- The Tribunal in a series of judgments referred to by the learned counsel consistently held that when the value has been enhanced on the basis of certificate by the Chartered Engineer without market enquiry, the imposition of fine and penalty @ 10% and 5% taking note of the enhanced value would meet the ends of justice.

In Navpad Enterprises [2008 (3) TMI 604 - CESTAT, BANGALORE], the Tribunal held that the value declared by the appellant has already been enhanced by the Revenue on the basis of the Chartered Engineers certificate. It is seen that there is no evidence brought out by the revenue to show that the appellants had paid more than what he had declared to the customs. Therefore, in such circumstances, the Tribunal took a view to impose fine and penalty at 10% and 5% in many of the cases cited by the appellant. As this Bench cannot deviate from the ratio of its own decision, we find that in all these cases the fine and penalty should be fixed only at 10% and 5% of the value of the imported goods determined by the Chartered Engineer, respectively.

Also recently in M/S. OMEX INTERNATIONAL VERSUS COMMISSIONER OF CUSTOMS, NEW DELHI [2015 (4) TMI 112 - CESTAT NEW DELHI (LB)], it was held that the redemption fine and penalty in such cases be 10% and 5% of the value. Following the aforesaid precedent, the impugned order is modified and fine and penalty in each of the cases are reduced to 10% and 5% of the enhanced value.

Appeal disposed off.