TMI Blog2015 (11) TMI 1401X X X X Extracts X X X X X X X X Extracts X X X X ..... nal wherein redemption fine was fixed at 20% and penalty at 5% of CIF value. As regard contrary judgments of this Tribunal, in none of the case, judgment of Stoneman Marble Industries was considered. Therefore following judicial discipline, the ratio of the Apex Court judgment in case of Stoneman Marble Industries shall prevail over the other Tribunal judgments. Therefore following the ratio of the Stoneman Marble Industries case we reduce redemption fine of ₹ 16 Lakhs to 20% of CIF value and penalty of ₹ 6 lakhs is reduced 5% of the CIF value. - Decided partly in favour of assessee. - APPEAL NO. C/522/04 - - - Dated:- 15-7-2015 - Mr. P.S. Pruthi, Member (Technical) And Mr. Ramesh Nair, Member (Judicial) For the Petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as held that there is ITC violation. In addition the Bill of Entry No. 94221 it was found that the declared value was $ 308.16 CIF which is below the contemporaneous import value of $ 310 per MT CIF. The adjudicating authority, in view of the above contention confiscated the goods and demanded redemption fine of ₹ 18 lacks and imposed penalty of ₹ 6 lakhs. Aggrieved by the adjudication order appellant is before us. 2. Shri Anil Balani, Ld. Counsel for the appellant submits that there was general practice of import of rough marble blocks in all over the India by various importers. There was no intention to evade the custom duty. He submits that even enhancement of the value is not significant and the same is not based on prope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the judgment of Stoneman Marble Industries case (supra) of Honble Supreme Court. We find that there are some contrary judgments, also as relied upon by the Revenue wherein this Tribunal without reducing the penalty upheld the fine and penalty confirmed by the lower authority. However we observed that the facts of the import of rough marble blocks are more or less identical and in the case of Stoneman Marble Industries, Honble Supreme Court upheld the order of the Tribunal wherein redemption fine was fixed at 20% and penalty at 5% of CIF value. As regard contrary judgments of this Tribunal, in none of the case, judgment of Stoneman Marble Industries was considered. Therefore following judicial discipline, the ratio of the Apex Court j ..... X X X X Extracts X X X X X X X X Extracts X X X X
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