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2019 (9) TMI 28 - AT - CustomsImport of restricted item - old and used photocopiers - appellant did not posses any valid license and further there was a suspicion that the goods were under-invoiced - HELD HAT:- When the goods were imported, the value of imported goods were doubted by the Customs authorities and in the presence of the representative of the importer as well as a Chartered Engineer the goods were opened and examined. The value was assessed with the help of the Chartered Engineer. The value so assessed was accepted by the appellant vide their letter dated 16-4-2008 and based on such acceptance the assessment was completed - there is no force in the argument of the appellant that a market enquiry should have been conducted and they should have been provided a copy of such market enquiry when they have not disputed the value of the goods at the time of assessment. Confiscation of goods - quantum of redemption fine - HELD THAT:- The goods were undisputedly imported in violation of Para 2.17 of FTP without a license. Therefore, the goods were liable for confiscation under Section 111 and have been rightly confiscated so. The redemption fine imposed is ₹ 6,50,000/- on a total estimated value of ₹ 18,50,272/-. It works out to about 33% of the estimated market value. In cases of confiscation, usually, the value of 10% is adopted - Accordingly, the appellant has a case for reduction of redemption fine to ₹ 2,00,000/-. Quantum of penalty - HELD THAT:- The penalty of ₹ 1,00,000/- imposed under Section 112(a) works out to about 5% of the value of the goods - penalty upheld. Appeal allowed in part.
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