TMI Blog2013 (10) TMI 179X X X X Extracts X X X X X X X X Extracts X X X X ..... he grievance of the department was if that was so the learned Commissioner (Appeals) could have determined the margin of profit if need or could have remanded back the case – the Department had also not made any efforts to ascertain the margin of profit before/after filing the appeal - One cannot beat another with a stick which does not exist – there was no reason to interfere with the order - The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cense issued in terms of para 2.17 of the Foreign Trade Policy 2004-09. The respondent could not produce any such license. Therefore proceedings were initiated against them and the goods were confiscated. However, an option was given to the respondent to redeem the goods on payment of redemption fine of Rs.10,00,000/- and a penalty of Rs.2,00,000/- was imposed under section 112(a) of the Customs A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erification. The grievance of the department is if that was so the learned Commissioner (Appeals) could have determined the margin of profit if need or could have remanded back the case. However, I find that the Department has also not made any efforts to ascertain the margin of profit before/after filing the appeal. One cannot beat another with a stick which does not exist. Thus, I do not find an ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
