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TMI Blog2011 (4) TMI 67X X X X Extracts X X X X X X X X Extracts X X X X ..... UMAR GOEL, J. This appeal has been preferred by the assessee under Section 130 of the Customs Act, 1962 (for short, "the Act") against order of the Customs, Excise & Service Tax Appellate Tribunal, New Delhi dated 17.9.2009, claiming following substantial questions of law:- "a) Whether the Ld. Respondent erred in law in imposing a heavy Redemption Fine ignoring the fact that there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learance thereof under the provisions of the Act. It was found that the assessee had wrongly declared lesser value of goods and the import was against the import policy. Accordingly, the goods were held to be liable for confiscation under Section 111(d) of the Act. The adjudicating authority after due procedure, ordered confiscation of the goods but in exercise of power under Section 125 of the Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Once it is so, there is no ground to interfere with the quantum of fine and penalty to be levied. Quantum of fine and penalty depends upon facts and circumstances of a case for which there cannot be any inflexible criteria. The Tribunal having determined the quantum having regard to the facts and circumstances of the case in absence of perversity, it cannot be held that there is any illegality t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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