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2016 (12) TMI 823 - CESTAT MUMBAIImposition of redemption fine and penalty in lieu of confiscation - import of rough marble blocks - mis-declaration of description - Held that: - I find that there is no merit in the appeals as adjudicating authority has correctly held that the goods imported are calcareous stone other than marble, which should be imported only under specific license during relevant period. To that extent, I uphold the impugned order. As regards the redemption fine imposed, I find that the adjudicating authority has imposed redemption fine of ₹ 38 lakhs as against the landed cost of ₹ 23 lakhs or the market price of ₹ 61 lakhs. Various decision of the Tribunal on the same issue is that the redemption fine is to be imposed @ 20% of the enhanced value which in that case approx ₹ 4.6 lakhs, which I find will meet the ends of justice. Accordingly, the redemption fine imposed in the case in hand of M/s Just Marble is reduced to ₹ 4.6 lakhs and in the case of Vaishno Marble, it is reduced to ₹ 4.6 lakhs. Subject to such modification, the impugned order of imposition of fine is upheld. As regards the penalties imposed, I find that the penalty imposed on M/s Just Marble is ₹ 7.5 lakhs, which is excessive in relation to the value of landed cost of the marble. Hence, I reduce the same to ₹ 2 lakhs. The penalty imposed on Vaishno Marble is also imposed ₹ 8 lakhs which is reduced to ₹ 2 lakhs. The penalties imposed by me are as per the various decisions of the Tribunal, wherein it was held that the penalty should be imposed @ 10% of the value of the landed cost of the imported goods. Appeal disposed off - quantum of redemption fine and penalties reduced - decided partly in favor of appellant.
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