9911796707
TMI Blog2000 (1) TMI 610X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order per : V.K. Ashtana, Member (T)]. - This is an appeal against Order-in-Appeal No. M. Cus. 488/97, dated 1-5-97 passed by Commissioner (Appeals) with respect to spectacle frames in knocked down condition imported under two Bills of Entry dated 18-7-96. 2. Briefly, the issue concerns alleged unauthorised import thereof as the Advance Release Order dated 28-6-96 issued by the Office o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll of Lading was dated 10-5-96. Ld. Advocate seeks further relief in the quantum of redemption fine on the ground that they obtained advance release order dated 28-6-96 issued by DGFT and therefore imported the goods under bona fide belief that they had necessary legal authority to do so, particularly when DGFT had issued a show cause notice against the licence on 14-5-96, then the mistake, if any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imposition of redemption fine is normally on the basis of margin of profit which can be calculated by a well settled formula concerning the market price minus landed cost etc. He also submits that appellants have not submitted any evidence that market price is so low that the margin of profit of 25% now imposed is not realistic. 5. We have carefully considered the rival submissions and find ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her reduction of the redemption fine. The question of release order being issued after the show cause notice etc., must have already been considered by Commissioner (Appeals) at the first appellate stage which also led to a substantial reduction of the redemption fine to the extent of about 70%. In view of the fact that no further material evidence regarding market price and therefore the margin o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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