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M/s GGG Fashion Accessories Pvt. Ltd. Versus CC, New Delhi

2016 (6) TMI 306 - CESTAT NEW DELHI

Imposition of redemption fine and penalty - Section 114A of the Customs Act, 1962 - Mis-declaration of description and quantity of goods - Held that:- when the offending goods itself submitted to the mis-declaration of the description and quantity, t .....

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r, it is considered proper to reduce redemption fine to ₹ 2 lakhs which is nearly 10% ambit margin of the declared value and assessed value.

So far as the penalty is concerned, the mis-declaration is apparent from the conduct of pres .....

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in the case of CC, Mumbai Vs Mansi Impex [2011 (8) TMI 470 - Supreme Court of India]. - Decided partly in favour of appellant - Customs Appeal No. 17 of 2012 - Final Order No. 51861/2016 - Dated:- 24-5-2016 - Sh. D. N. Panda, Judicial Member and S .....

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and redemption fine of ₹ 3,50,000/- and penalty of ₹ 1 lakh as has been levied by the ld. Commissioner (A) are liable to be set-aside. 2. Briefly placing the background of the case, ld. Counsel says that when the appellants director was .....

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regard to the GSM of the goods which is decisive for determination of the weight of the goods and assessability. That caused the differential duty demand. Therefore, when such a technicality was cause for the differential duty demand, the appellant .....

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t there is justification for imposition of redemption fine and penalty. 4. Heard both sides and perused the records. 5. It may be stated that redemption fine is a penalty which is action in rem. When the offending goods itself submitted to the mis-de .....

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