9911796707
TMI Blog2008 (4) TMI 559X X X X Extracts X X X X X X X X Extracts X X X X ..... Karthikeyan, Member (T)]. - This appeal filed by M/s. Impact Systems Inc, Kolkatta, is directed against an order of the Commissioner of Customs, Tuticorin. In the impugned order the Commissioner enhanced the assessable value of old and used photocopiers from the declared value of Rs. 14,28,605/- to Rs. 20,45,146/- (C&F). The impugned goods were sought to be cleared under Bill of Entry No. 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orted 30 units of old analogue photocopiers and 73 units of old digital multi-function (print and copying) machines are confiscated under Section 111(d) of the Customs Act, 1962 read with Section 3(3) of Foreign Trade (Development and Regulation) Act, 1992 and Section 111(l) and 111(m) of the Act for misdeclaration of quantity and value. The Commissioner offered an option to the importer to redeem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... confiscated and redemption allowed on payment of a fine of Rs. 5,35,000/-. The appeal against the said order was disposed by this Bench by retaining the fine at Rs. 5.35 lakhs and reducing the penalty from Rs. 16 lakhs to Rs. Two lakhs. 3. The Counsel also submits a copy of Final Order No. 216/08 of this Bench wherein a case involving facts similar to the instant case was decided by mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that profit in such cases is around 25%. However this was not ascertained on market enquiries. In the instant case also market enquiries have not been conducted. As the value of the impugned goods has been determined to be Rs. 20.45 lakhs, we consider a fine of Rs. Four lakhs will wipe out the margin of profit of the importer. We also find that a penalty of Rs. Two lakhs will be appropriate consi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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