TMI Blog2017 (8) TMI 206X X X X Extracts X X X X X X X X Extracts X X X X ..... oms Act, 1962. Accordingly, adjudication holding overvaluation is established. Penalty - Held that: - there is no basis for reduction in the quantum of penalty. Redemption fine - Held that: - When there is confiscation directed under Section 113 read with Section 50 of Customs Act, 1962, redemption fine is imposable and that shall be ₹ 3 lakhs. Appeal allowed - decided in favor of R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment but was a job-worker of machine embroidery work. The goods exported were found to be different from embroidery done by M/s Kavita Needle Art. Hence, bills of Kavina Needle were discarded. Appellant did not breach law for which its declared value of consignment ought not have been disturbed. 2. Revenue, on the other hand, submits that the adjudicating authority has passed proper order. 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed adjudicating authority has found that appellant has requested its banker to incorporate the invoices numbers on the FIRCs to exhibit that there was export realization. Learned adjudicating authority has therefore reason to believe that there was over-valuation of the export. The documents issued by Shambhu Exports and Kavita Needle Art, relied by appellants to plead defence did not lend credenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttached to the exporter. Therefore the mis-declaration itself made the goods confiscable for which redemption fine is imposable. Such imposition is confirmed and adjudication on this count is upheld. 8. In so far as penalty is concerned, we have tried to examine whether imposition of penalty to the extent indicated in adjudication is unreasonable. But we do not find any basis to reduce the same ..... X X X X Extracts X X X X X X X X Extracts X X X X
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