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2015 (6) TMI 773 - SUPREME COURT

2015 (6) TMI 773 - SUPREME COURT - 2015 (320) E.L.T. 177 (SC) - Reduction of penalty - Exemption under Notification No.64/88-CUS dated 1.3.1988 - Import of Nuclear Magnetic Resonance Scanner, which is a medical instrument - Held that:- Insofar as the payment of duty at the reduced value is concerned, Mr. A.K.Sanghi, learned senior counsel may have something to say, but we find that in the order dated 3.11.2003 passed in this appeal, notice was issued limited to the question of reduction of penal .....

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alty should have been reduced. Since the respondent is now to pay the duty at the depreciated value of the machinery, we set aside the order of the CEGAT in so far as reduction of penalty from ₹ 20 lakhs to ₹ 1 lakh is concerned - Decided in favour of Revenue. - Civil Appeal Nos. 8312 of 2003 - Dated:- 23-3-2015 - A. K. Sikri And Rohinton Pali Nariman,JJ. For the Appellant : Mr A K Sanghi, Sr.Adv., Ms Binu Tamta, Adv., Mr Sudhir Walia, Adv., Ms Niharika Ahluwalia, Adv., Ms Sadhna San .....

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ain conditions on the fulfillment of which no import duty is payable. One condition is that the hospital for which such a machinery is used is to be certified by the Ministry of Health and Family Welfare, to be run or substantially aided by such charitable organization as may be approved. There are other conditions which are to be fulfilled even after the import of the machinery, in future as well. These include treatment of free, on average, to atleast 40% of all outdoor patients and also free .....

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that at the time of import, whether the respondent would be entitled to exemption under the aforesaid Notification or not was the dispute which had arisen. The matter had come up to this Court. Before this Court the respondent had given an affidavit of undertaking in which apart from agreeing to fulfill the aforesaid conditions, it was also agreed that the equipment shall not be disposed of by the respondent without 30 days clear notice in writing to the Collector of Customs, Kolkatta. It is fou .....

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ribunal, however, after giving the aforesaid findings has come to the conclusion that the duty should be paid at the reduced value, i.e. depreciated value since for few years the obligation was met by the respondent . Insofar as redemption fine is concerned, the same is reduced from ₹ 50 lakhs to ₹ 5 lakhs and penalty likewise, has been reduced from ₹ 20 lakhs to ₹ 1 lakh. The Department is in appeal before us questioning the aforesaid directions of the Tribunal in direct .....

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