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TMI Blog2009 (2) TMI 594X X X X Extracts X X X X X X X X Extracts X X X X ..... for the Respondent. [Order per : Jyoti Balasundaram, Vide-President]. - Vide impugned order, the Commissioner of Customs has confiscated a total quantity of 105 second-hand printing machines imported by the appellants herein on the ground that they had violated one of the conditions of the Import Policy namely the condition relating to restriction on disposal of such machines within a period o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... actually sold and, therefore, there was contravention of the condition in the Policy regarding restriction on sale within a period of five years from their import. The further contention is with regard to the quantum of fine and penalty - their submission is that the amounts are excessive - the amounts of fine are worked out to 20% of the value of the goods and the penalties imposed have been fixe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the light of the Tribunal's decision in Pragati Associates Pvt. Ltd. v. CC, New Delhi, 2004 (171) E.L.T. 416 (Tri. Del.) and in the light of Rex Printing Press v. CC, Kolkata, 2005 (184) E.L.T. 73 (Tri.-Bang.), wherein the Tribunal has reduced the penalty to 5% of the CIF value of second-hand colour printing machines imported and disposed of without seeking prior permission of the competent auth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the goods. However, proof of such payment is not on record. However, in the event of M/s. Sterling Prints & Conversions producing proof of payment of Rs. 4 lakhs for securing release of eight second-hand printing machines, confiscation of which we have set aside, the amount so paid shall be set off against the penalty and fine amounts as confirmed by the Tribunal. (Dictated and pronounced in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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