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TMI Blog2011 (1) TMI 863X X X X Extracts X X X X X X X X Extracts X X X X ..... : None PER ARCHANA WADHWA: Since common issue involved in both these appeals they are being disposed by this common order. 2. Being aggrieved with that part of the impugned order of the Commissioner (Appeals) vide which he has reduced the redemption fine to Rs. 1.20 lacs and penalty to Rs. 20,000/- on the respondents Revenue has filed the present appeal. We have heard Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "However, it is also a fact that the appellant has imported "Old & Used Incomplete Photocopier Incorporating Optical systems-Low Duty" and have not misdeclared the description of goods. They have contested the assessable value determined by the Chartered Engineer as well as market enquiry conducted by the department, without taking them into confidence. The appellants have placed reliance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as been loaded, so as increasing the duty component to Rs. 1 lac approx. and in addition the appellants has suffered the demurrage/detention/grounds charges, I find that there is no much margin of profit left and hence, applying the direct ratio of above case laws especially in the case of M/s. Supreme Enterprises, Delhi, it is held that redemption fine of Rs. 7 lac imposed in this case by the adj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evenue against reduction of redemption fine to Rs. 10,000/- and penalty to Rs. 5,000/- by Commissioner (Appeals), was rejected. 6. As such, by taking note of the above decision as also reasoning adopted by the Commissioner (Appeals) for reducing the redemption fine and penalty we find no merit in the appeal filed by the Revenue. Hence, the same is rejected. (Dictated & pronounced i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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