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2018 (9) TMI 937 - AT - CustomsImport of restricted goods - Scrap/ second hand goods - imposing an exemplary redemption fine and penalty without considering the margin of profit - Principles of Natural Justice - Held that:- In the present case the impugned order has been passed without considering the margin of profit, which is normally considered while imposing the redemption fine and penalty - the differential duty in the present cases in all the three bill of entries is less than 1 lac. The ratio of the Darshan Singh & Company Vs. Commissioner of Customs, [2014 (10) TMI 842 - CESTAT NEW DELHI] is applicable in the present case, where it was held that as evidence of margin of profit is not available therefore by adopting criteria of differential duty, quantum of redemption fine reduced, thus redemption fine and penalty can only be imposed after considering the margin of profit - Further, the redemption fine and penalty imposed in the present case is highly exorbitant and is liable to be reduced. Appeal allowed in part.
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