TMI Blog1993 (1) TMI 175X X X X Extracts X X X X X X X X Extracts X X X X ..... . The above three appeals have been filed by the Department against the impugned order of the Addl. Collector of Customs, Madras dated 29-3-1989. Proceedings were instituted against the respondents herein in connection with the import of 269 bales weighing 54.128 kgs. of Emona White Woodfree both sides coated Art paper, in June 1988 on the ground that the goods could be imported only by actu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eir behalf. After the goods arrived, when the facts were detected they disowned the goods and it is only in these circumstances the Indian Bank the third respondent herein, who had opened the L.C., offered to redeem the goods claiming itself to be the importers and filed a Bill of Entry in regard to the same on the basis of which redemption was permitted. The learned SDR submitted that penalty sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmitted that his clients have disowned the goods and are concerned only with the penalty. Since the goods were disowned and since the adjudicating authority has found that they had disowned the goods since they could not locally procure the machinery to make use of the imported goods; the penalty levied on them is in order. 5. We have carefully considered the submissions made before us. It is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e absence of any reason, is very low. Moreover we do not find any discussion or evidence with reference to the profit margin, which the learned SDR now contends before us as 55 per cent. We are also at a loss to understand as to how the Indian Bank came forward to redeem the goods claiming it is as an importer, when in normal circumstances the bank should have safeguarded its interests even at the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and remand the matter. In view of this order of remand, the penalty levied on the other respondents, viz. Shri Jugraj and Shri Devichand would also stand set aside and their appeals also are remanded to the adjudicating authority to consider their liability and also the quantum of penalty leviable on them, in the facts and circumstances of the case and in the light of the plea urged by the learne ..... X X X X Extracts X X X X X X X X Extracts X X X X
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