TMI Blog2017 (3) TMI 702X X X X Extracts X X X X X X X X Extracts X X X X ..... ration much before the actual imports and in these circumstances, imposition of heavy redemption fine and penalty is not justified - the redemption fine is reduced from ₹ 20 lakhs to ₹ 2.00 lakhs and penalty is reduced from ₹ 7.8 lakhs to ₹ 1.00 lakh - appeal disposed off - decided partly in favor of appellant. - C/74/07 - A/85793/17/SMB - Dated:- 10-2-2017 - Mr. Raju, M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the appellants were confiscated and penalty and redemption fine was imposed on the appellant. 2. Learned Counsel for the appellant argued that the imports were made on 11/12/2003, 14/01/2004 and on 17/04/2004. She argued that an application for registration with BIS was made by the manufacturer abroad on 05/09/2003. On 02/12/2003, the buyer of BIS asked the manufacturer to submit the requis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spective effect for the purpose she relied on the following decisions: a) Rochi Ram Sons - 2004 (166) ELT 203 (T) b) Accra Pac (India) - 2006 (206) ELT 459 (T) c) Mayor Intl. Ltd. - 2003 (161) ELT 891 (T) d) Sant Valves - 2005 (190) ELT 377 (T) 3. Learned AR relies on the impugned order. 4. I have gone through the rival submissions. I find that the requirement of regis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the appellant had tried to obtain the registration much before the actual imports and in these circumstances, imposition of heavy redemption fine and penalty is not justified. Looking at the fact of the case, the redemption fine is reduced from ₹ 20 lakhs to ₹ 2.00 lakhs (Rupees two lakhs only) and penalty is reduced from ₹ 7.8 lakhs to ₹ 1.00 lakh (Rupees one lakh only) ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
