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TMI Blog2011 (7) TMI 816X X X X Extracts X X X X X X X X Extracts X X X X ..... enue Intelligence intercepted 4 consignments of the appellant-company herein which were awaiting shipment. On examination of said containers it was noticed, that there was a discrepancy in the quantity declared and quantity actually found. Since the discrepancy was found in terms of weight and quantity, the investigation was extended for the containers which were shipped by the appellant company earlier also. However, on representation made by the appellant to restrict the recall of containers to representative of containers, the officers selected 10 containers to be re-called. On examination, it was found that the weight of the total material which was exported by the appellant was found short due to which the value of the declared c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10 are finally determined at Rs.1,35,29,137/- as the said value have already been accepted by the exporter and goods were allowed to be exported after the exporter revised the value in the revised Shipping Bills. (iv) With regard to the 52 Shipping Bills as enumerated in Annexure-B the re-determination of the value does not arise as the entire remittances had been received. However, the DEPB credit shall be calculated only on the basis of the revised weight of 531741.63 Kg. as arrived at for these in Annexure-B to the Show Cause Notice. (v) I impose a penalty of Rs.25,00,000/- (Rupees Twenty Five Lakhs Only) on M/s. Varun Continental Limited under Section 114 of the Customs Act, 1962. (vi) Since, all the goods have already been exp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e have considered the submissions made at length by both sides and perused the records. 6. It is seen from the records that the appellant had exported the consignment as per shipping bills which were filed by them. There is no dispute that the said consignments were exported and the goods were received by the foreign purchasers and payments were received in India. It is also undisputed that the representative containers which were recalled from high seas by the authorities indicated discrepancy is the quantity i.e. quantity declared was more than the quantity which was physically found. 7. We are of the considered view that the adjudicating authority was correct in ordering for confiscation of the goods attempted to be exported by d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lakhs only) to Rs.8,00,000/- (Rupees eight lakhs only); 2] As regards the goods covered under 52 shipping bills as detailed in Annexure 'B' to the show-cause notice, we reduce the redemption fine from Rs.50,00,000/- (Rupees fifty lakhs only) to Rs. 15,00,000/- (Rupees fifteen lakhs only). 10. As regards the penalty imposed on the company, we find that the penalty imposed seems to be excessive and disproportionate to the facts of this case. We reduce the same from Rs.25,00,000/- (Rupees twenty five lakhs only) to Rs.8,00,000/- (Rupees eight lakhs only) on the appellant-company. 11. As regards the personal penalties imposed on the two Directors Shri Kailash Agarwal and Shri Kiran Mehta, we find that the same also needs to be reduced as th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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