TMI Blog2011 (1) TMI 869X X X X Extracts X X X X X X X X Extracts X X X X ..... sable of the same goods to be Rs. 6,150/- per piece and market value to be Rs. 8,500/- per piece, whereas in the present case the same goods were assessed at Rs. 7,900/- per piece and market value at Rs. 12,500/- per piece - Appellants have cited Hon ble Tribunal Final Order No. 1071/06-SM(BR) dated 03.07.06 in the case of M/s. Supreme Enterprises, Delhi and No. 1590/06-SM (BR) date d31.10.2006 in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the present appeal. 2. For better appreciation of the controversy we reproduce para 11 of the order of the Commissioner (Appeals):- However, it is also a fact that the appellant has imported Incomplete Used Rusted Diesel Engines with Gear Box Self and have not misdeclared the description of goods. They have contested the assessable value determined by the Chartered Engineer at their bac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e at Rs. 12,500/- per piece. The appellants have placed reliance in case of M/s. Kapson Industries Vs. Commissioner of Customs, Mummbai reported as 2005 (186) ELT 490 (Tri. Delhi) wherein redemption fine have been substantially reduced from Rs. 7.25 lacs to Rs. 50,000/-. More specifically the appellants have cited Hon ble Tribunal Final Order No. 1071/06-SM(BR) dated 03.07.06 in the case of M/s. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and excessive and as such need to be suitable modified. 3. It is seen from the above that for reducing the redemption fine and penalty, the Commissioner (Appeals) has given reasons and has followed the earlier decisions of the Tribunal. On the other hand, the Revenue has contended that the imposition of higher redemption fine and penalty was justified in the facts and circumstances of the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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