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2024 (4) TMI 124 - AT - CustomsLevy of redemption fine and penalty - valuation of imported goods - brass scrap - import of brass scrap in the guise of aluminium scrap - enhancement of value - HELD THAT:- On perusal of the impugned order, there is no market survey conducted by the adjudicating authority. However, it has to be noted that the appellant is not contesting the enhancement of value of the goods. Further, there is no evidence put forward by department to conclude that there was any deliberate intention on the part of appellant to import brass scrap. The purchase order and other documents show that the importer had placed the order only for import of Aluminium scrap. Due to the urgent requirement, the appellant sought for release of the goods. This does not indicate that they had placed order for import of brass scrap. The redemption fine and penalty imposed are on the higher side. The redemption imposed is reduced to Rs.2,50,000/- and the penalty imposed is reduced to Rs.20,000/-. The impugned order is modified to the extent of reducing the redemption fine and penalty - Appeal allowed in part.
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