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2023 (10) TMI 360 - CESTAT HYDERABADConfiscation of medicines which were being carried while travelling out of India - Penalty u/s 114 (i) of Customs Act - goods of commercial quantity or not - restricted goods - valuation of the goods - HELD THAT:- The Appellant have attempted to export goods in commercial quantity, for which proper permission/ license is required from the Drug Control Authority. Further it is found that the goods under export are not prohibited, but restricted, requiring license. Thus, under such facts and circumstances, absolute confiscation is not called for. Accordingly, although the Order of confiscation upheld, the Order of absolute confiscation set aside. In such circumstances, the Appellant was entitled to redemption of the goods. However, it is informed by the Appellant that pursuant to the Order of confiscation, the goods were disposed of by the Customs Department - valuation has been done on higher side on the basis of MRP. Accordingly, the valuation adopted by Revenue is set aside and the same reduced to purchase price of Rs.16,62,083 plus 15% for trading profit and/or rounded off to Rs.19,00,000/-. It is observed that as a long time has passed since the date of seizure and confiscation, the goods have deteriorated in value and are no longer available for redemption. Taking notice that Appellant has already suffered loss due to confiscation of the medicines, the penalty imposed on the Appellant – Mr. K. Raghavendra Reddy, reduced from Rs.2,50,000/- to Rs.50,000/- under Sec 114(i) of the Customs Act - appeal allowed in part.
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