TMI Blog2016 (8) TMI 1072X X X X Extracts X X X X X X X X Extracts X X X X ..... ration of the value. We observe from the impugned order that though the redemption fine was not to the extent of margin but the penalty was substantially enhanced. If both penalty and redemption fine are taken together it is more or less equal to the margin therefore principle that the margin should be wiped out stand complied with. Therefore, we do not see any reason to interfere in the imposit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue. - C/1077/05, C/1117, 1124/05 - A/88834-88836/16/CB - Dated:- 28-7-2016 - Shri Ramesh Nair, Member (Judicial) and Shri Raju, Member (Technical) Shri Chatru Singh, Asstt. Commr. (A.R.) for Elegant Sales Co. And Shri M.K. Mall Asstt. Commr. (A.R.) for Stonemann Marbles Inds. for Appellants None for respondent ORDER In all these appeals, the common issue involved is that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ses are of import of Marble without obtaining the licence and mis-declaration. 2. Shri Chatru Singh, Ld. Assistant Commissioner (A.R.) and Shri M.K. Mall, Ld. Assistant Commissioner (A.R.) appearing on behalf of the Revenue reiterating the grounds of appeal submits that the redemption fine should be equal to the margin of profit whereas the redemption fine was imposed much lower than the margi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the case of Stonemann Marble Industries Vs. Commissioner 2004 (177) E.L.T. 1144 (Tribunal) on the identical case the redemption fine and penalty was reduced to 20% and 5% of the CIF value respectively. This decision of the Tribunal was upheld by the Hon ble Supreme Court in the case of Commissioner of Customs (Import) Vs. Stonemann Marble Industries 2011 (264) E.L.T. 3 (S.C.). In view of abov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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