TMI Blog2021 (9) TMI 1251X X X X Extracts X X X X X X X X Extracts X X X X ..... penalty. Respectfully following the decision of the Tribunal in the case of Accord Digitech, the appeals are allowed partially by reducing the redemption fine to 10% of the enhanced value and penalty to 5% of the enhanced value - appeal allowed in part. - Customs Appeal No. 20350-20351 of 2021 - Final Order No. 20762-20763/2021 - Dated:- 23-9-2021 - MR. RAJU, TECHNICAL MEMBER AND MR. P DINESHA, JUDICIAL MEMBER Shri N. VISWANATHAN, Advocate for the Appellants Shri K.B. Nanaiah, Asst. Commissioner(AR) for the Respondent ORDER These two appeals have been filed by M/s. S.R. Enterprises and M/s. Digital Express against two different impugned orders involving identical matters. The appellants have imported used Digital ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... absence of license mandated for restricted goods must be neutralized with reference to the market price of goods that are imported against such license. It is the negation of this windfall that is the intent of determining the quantum of redemption fine. It is, therefore, necessary for the adjudicating authority to decide upon the redemption fine and penalty in accordance with the above principles on the impugned goods that we hold are, mandatorily, to be offered for redemption under section 125 of Customs Act, 1962 after confiscation. The adjudicating authority is required to complete the process of re-adjudication of the above within a period of two weeks from the receipt of this order. However, the original adjudicating authority in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C/20098/2020 and Final Order No.20844/2020 passed on 15/12/2020. In the said order, after examining all the issues raised, the Tribunal observed as follows:- 6.2. As far as absolute confiscation as ordered in the impugned order is concerned, we are of the considered opinion that in view of the various decisions cited supra, wherein it was consistently held that the absolute confiscation is not justified and goods can be released on payment of redemption fine and penalty. In the earlier decisions, this issue has been considered and it has been held that 10% and 5% of the enhanced value would be proper for redemption fine and penalty respectively. We adopt the same yardstick in arriving at the redemption fine and penalty and order that im ..... X X X X Extracts X X X X X X X X Extracts X X X X
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