TMI Blog2007 (2) TMI 126X X X X Extracts X X X X X X X X Extracts X X X X ..... reduced - Appeal No. E/742/2005-SM - Final Order No. 622/2007-SM(BR)(PB) - Dated:- 6-2-2007 - [Order per] - Heard both sides. The appellants filed this appeal against the impugned order passed by the Commissioner (Appeals). 2. The brief facts of the case are that the appellants are engaged in the manufacture of Chenile yarn. On 7-3-2000, the officers of customs visited the factory pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same on payment of redemption fine of Rs. 5 lakhs. The goods which have been found in the truck, were also confiscated and the same were allowed to be redeemed on payment of fine of Rs. 40,000/-. Demand of duty was confirmed in respect of the goods found in the truck on the ground that the same were cleared without payment of duty. The credit of Rs. 1,65,042/- was denied in respect of the inpu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he same is argument for penalty of Rs. 3 lakhs also. The appellants relied upon the decision of the Supreme Court in the case of Amrit Food Co. [2005 (190) E.L.T. 433] to submit that as no sub-clause of Rule 173Q was mentioned in the order while imposing penalty, therefore, penalty is not justified. 5. The contention of revenue is that at the time of visit of officers, the Managing Director ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or reduction in redemption fine and penalty. Keeping in view the duty involved, and in the interest of justice, redemption fine is reduced to Rs. 3,50,000/-. 7. In respect of the contention of the appellant that penalty imposed under Rule 173Q is not sustainable, as sub-clause of Rule 173Q under which the penalty is imposed is not mentioned. The appellants also relied upon the decision of Supr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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