TMI Blog2011 (10) TMI 54X X X X Extracts X X X X X X X X Extracts X X X X ..... r and basic bargaining an allowance upto 40% is given as per trade practice in marble. - the appellant has not disputed the quantity and paid duty accordingly- redemption fine and penalty is not imposable under Section 112(a) of the Customs Act, 1962 - The quantum of redemption fine should have certain base i.e. Market survey. On which basis, the redemption fine is imposed is totally absent in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the value of the goods were enhanced to Rs.24,96,999/- instead of declared value of Rs.16,92,706/-. Redemption fine of Rs.12,00,000/- was also imposed under Section 125 and penalty of Rs.3,00,000/- was imposed under Section 112(a) of the Customs Act, 1962. In this appeal the appellant is challenging the redemption fine and penalty. 3. Shri Brijesh Pathak, learned Advocate appearing for the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pugned order and observed that the adjudicating authority has enhanced the value from Rs.16,92,706/- to Rs.24,96,999/- which the appellant is not disputing. In the adjudication order the adjudicating authority has imposed a redemption fine of Rs.12,00,000/- but we do not know on what basis the redemption fine of Rs.12,00,000/- has been imposed. Why not Rs.10 lakhs or why not Rs.15 lakhs. The quant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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