TMI Blog2018 (12) TMI 267X X X X Extracts X X X X X X X X Extracts X X X X ..... ase and has already given substantial relief to the assessee in the form of reduced redemption fine and penalty - No further discretionary relief would be justified - appeal allowed in part. - CUSTOM APPEAL NO.57 OF 2018 WITH CUSTOM APPEAL NO.60 OF 2018 - - - Dated:- 28-11-2018 - AKIL KURESHI AND M.S. SANKLECHA, JJ. Mr. Prakash Shah with Mr. Jas Sanghavi with Ms. Divyasha Mathur i/by Mr. Anil Balani for the Appellant. Mr. Pradeep S. Jetly for the Respondent. P.C.: 1. These appeals involve the similar issue, though individual facts may be somewhat different. We may, therefore, record the facts in both the appeals. 2. Custom Appeal No.57 of 2018 is filed by one Oberoi Realty Limited to challenge a judgment of the Cu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arble slabs and filed the bill of entry declaring the value at 38.47 USD per square meter and the total assessable value of ₹ 47,45,239/. Here also the import was hit by the notification dated 30th June, 2008. Here also the assessee offered to pay customs duty on the value of the slabs treating it's value as 50 USD per square meter. In the present case, the Adjudicating Authority ordered confiscation, offered redemption fine of ₹ 13 lakhs and penalty of ₹ 4 lakhs. In appeal the Tribunal however granted substantial relief to the assessee. Taking into consideration overall facts and circumstances of the case, the Tribunal reduced the redemption fine from ₹ 13 lakhs to ₹ 5 lakhs and penalty from ₹ 4 lakh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s in Appeal No.60 of 2018 the Tribunal had reduced the redemption fine and penalty both to considerable extent. 8. On the other hand, learned counsel Mr.Jetly for the Department opposed the appeals contending that the Commissioner and the Tribunal have concurrently held that the assessee had made imports and the offer for paying the customs duty on the notional value was only in order to circumvent the restrictions of the import of the marble costing less than 50 USD per square meter. He, therefore, submitted that both appeals may be dismissed. 9. Having heard learned counsel for the parties and having perused documents on record, we see no reason for entertaining Custom Appeal No.60 of 2018. Broad facts are not seriously in dispute. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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