TMI Blog2015 (10) TMI 2441X X X X Extracts X X X X X X X X Extracts X X X X ..... was confirmed by Sri Lanka Authorities that it has not been issued by them – Confiscation of goods in order. Since matter is old and getting details of market inquiry is not possible, imposition of redemption fine is not interfered with – Decided in favour of Revenue. Imposition of penalty is found to be on higher side and same is reduced from ₹ 2 lakhs to Rs. ₹ 50,000/- - Decided in favour of assessee. - APPEAL NO. C/704/04 - A/3252/2015-WZB/CB - Dated:- 7-10-2015 - Mr. P.K. Jain, Member (Technical) And Mr. Ramesh Nair, Member (Judicial) For the Petitioner : Shri. G.B. Yadav, Advocate For the Respondent : Shri. Chatru Singh, Asstt. Commissioner(A.R.) ORDER Per : P.K. Jain Brief facts of the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct that one of country of origin is correct and other one is fake. It is submitted that if appellant was aware then they would not have produced fake certificate. Manipulation has been done by the supplier of goods/sender of the certificate. Ld. Counsel also submitted that the value of goods is not based upon the contemporaneous import. Ld. Counsel further submitted redemption fine was not imposed on the basis of any market inquiry and has been imposed arbitrarily. He further cited Judgment of Honble Supreme Court in case of Commissioner of Customs, Mumbai Vs. Mansi Impex[2011(270) ELT 631(S.C.)] to support his contention that Redemption fine is to be based upon market survey and not arbitrary. Ld. Counsel further submitted that assessable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds is in order. As far as imposition of redemption fine is concern it should be as per the provision 125 of the Customs Act. Order in original does not indicate if any market inquiry was conducted and the redemption fine imposed is based upon such inquiry. During the course of hearing this bench had inquired from the Ld. Counsel whether he can submit sale price of the goods cleared by them as that would indicate the market price of the goods. Ld. Counsel submitted that matter is very old, it will not be possible to produce sale documents at this stage. Keeping in view fact that matter is old and it will not be possible to go into details of the market inquiry at this stage, we do not find any reason to interfere with the order of the Commis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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