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Commissioner of Customs (Import) , Mumbai Versus M/s. Elegant Sales Corpn. and M/s. Stonemann Marbles Inds.

2016 (8) TMI 1072 - CESTAT MUMBAI

Enhancement of the redemption fine imposed by the adjudicating authority - Held that:- We find that in all the cases, the fact is that the respondents have imported Marble Blocks without obtaining Special Import Licence and there is also mis-declarat .....

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rgin therefore principle that the margin should be wiped out stand complied with. Therefore, we do not see any reason to interfere in the imposition of penalty and fine ordered by the adjudicating authority. Moreover, this Tribunal in the case of Sto .....

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me Court in the case of Commissioner of Customs (Import) Vs. Stonemann Marble Industries (2011 (1) TMI 15 - SUPREME COURT OF INDIA ). In view of above position, firstly we find that taking into consideration the total amount of penalty and redemption .....

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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 respon .....

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ellant Redemption fine Penalty 1. C/1077/2005 M/s. Elegant Sales Corpn. Rs.2.80 lakhs Rs.10.48 lakhs 2. C/1117/2005 M/s. Stonemann Marbles Industries Rs.4.54 lakhs Rs.14.15 lakhs 3. C/1124/2005 M/s. Elegant Sales Corpn. Rs.2.40 lakhs Rs.11.74 lakhs T .....

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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 margin. 3. None appeared on behalf of the appellants. 4. On careful consideration of the submissio .....

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e 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 ma .....

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