TMI Blog2013 (11) TMI 890X X X X Extracts X X X X X X X X Extracts X X X X ..... in such a reasoned order for confiscation of such goods and hence uphold that portion of the order and reject the appeal to that extent. Appellant M/s Western Silks has filed the shipping bills and documents, wherein it has been conclusively held that the said goods were over-valued, we are of the view that the appellant M/s Western Silks is correctly penalized under Section 114 of Customs Act, 1962 - goods which were seized, were allowed to be exported and the consideration for such export has already been received in advance, the penalty imposed on M/s Western Silks seems to be excessive in this case and dis-proportionate - ends of justice will be met if the penalty imposed on M/s Western Silks, Ahmedabad is reduced - there is no disp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Western Silks on the charge of over-valuation and redemption fine is imposed in lieu of confiscation and penalties have been imposed on M/s Western Silks and Shri Suraj Karan Baradia, the proprietor of the firm under the provisions of Section 114 of Customs Act, 1962. 5. Ld. Counsel appearing on behalf of the appellant submits that the appeal against the said impugned order is only for setting aside confiscation of the goods and also for setting aside the penalties imposed. It is his submission there is no Revenue implication in the entire transaction. He submits that in the present show cause notice and Order-in-Original, there is no allegation or finding that the over-valuation which is done, had caused loss to the Revenue and in the ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vering this issue in his favour. 6. Ld. Departmental Representative, on the other hand, would draw our attention to the findings recorded by the adjudicating authority. It is his submission that the adjudicating authority has specifically recorded that there is deliberate suppression of the value sought to be exported. It is his submission that the confiscation was correct and penalties imposed and also the fine imposed in lieu of confiscation, are correct. 7. We have considered the submissions made at length by both sides and perused the records. 8. The undisputed facts are that the appellant herein M/s Western Silks has entered the goods into the Customs area for export by filing shipping bills/bill of lading. It is also an admitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authority in lieu of such confiscation is also correct as the goods were cleared for export by the lower authorities on execution of bond and bank guarantee as per the direction of their lordships in Civil Petition No.7756 of 2005. We find no reason to interfere in such a reasoned order for confiscation of such goods and hence uphold that portion of the order and reject the appeal to that extent. 10. As regards the penalty imposed on M/s Western Silks, we find that the appellant M/s Western Silks has filed the shipping bills and documents, wherein it has been conclusively held that the said goods were over-valued, we are of the view that the appellant M/s Western Silks is correctly penalized under Section 114 of Customs Act, 1962. we fin ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
