2016 (6) TMI 306

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..... der law. Since there is a patent mis-declaration as is revealed from the facts, levy of redemption fine is justified. Looking to the regular import of the goods by the appellant and also gravity of the matter, 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 .....

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..... ant should not be penalised 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 out of India, the CHA, was concerned with the clearance of the imports. He mentioned the weight of the goods instea .....

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..... demption fine is a penalty which is action in rem. When the offending goods itself submitted to the mis-declaration of the description and quantity, that ipso-facto invites penal consequence under law. Since there is a patent mis-declaration as is revealed from the above facts, levy of redemption fine is justified. Therefore the next question arises as to quantum of redemption fine. 6. Th .....

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