9911796707
TMI Blog2016 (3) TMI 554X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER PER P. K. CHOUDHARY M/s Indian Steel & Allied Products, Chennai, the appellant herein, have filed the instant appeal against Order in Original No. 3630 of 2005 passed by the Commissioner of Customs, Chennai. 2. The brief facts are as follows: The appellant have filed a Bill of Entry No.763078 dated 25.3.2005 through the Customs House Agent (CHA), M/s Galaxy Commercial, for clearance of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt did not figure in the list as an Agency, making the goods liable for confiscation, besides resulting in imposition of penalty. With regard to value of Euro 210 /- per M.T, the contemporaneous imports have been noticed as U.S $ 290/ per M.T. This revision in price was not objected to by the appellant as could be seen in paras 8 and 9 of the impugned order. The adjudicating authority had accordin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an appropriate manner as the import of metallic waste or scrap is not a prohibited item under the Customs Act 1962; that there was a failure to compare and then consider the address as given in the certificate and as found in the Appendix 28 which goes to show that the department's understanding is that while the Head Office of M/s Bureau Veritas was recognized as a designated inspection agency w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue was determined at U.S $ 290 per Metric Ton(C&F). The appellant had accepted the enhancement of such value for assessment purposes. However, they have pleaded for reduction in the redemption fine in lieu of confiscation and the consequent penalties imposed. In the case on hand, we find that the importer have attempted to comply with the statutory conditions prescribed in the handbook of procedur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce as referred above, albeit partially, the redemption fine and the penalty imposed are on the higher side. Taking into consideration the above facts and circumstances of the case, we reduce the fine in lieu of confiscation imposed from Rs. 5,09,000/- to Rs. 50,000/- and reduce the penalty from Rs. 1,30,000/- to Rs. 30,000/-. Ordered accordingly. (Operative part of the order Pronounced in open co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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