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TMI Blog2023 (7) TMI 593X X X X Extracts X X X X X X X X Extracts X X X X ..... monetary limit, the matter was transferred for the consideration of Single Member. Learned counsel requested for final hearing today. Learned D.R. appearing for the Respondent submitted that he has got no objection in considering the appeal on merit today. Considering the same, appeal is taken up for final hearing. The petition for early hearing, Stay petition and application for amendment of stay petition are disposed as infructuous. 2. The learned counsel for the appellant submitted that the issue in the present appeal is regarding confiscation of imported goods and imposition of fine and penalty on the appellant. When appellant made inquiry regarding legal import of used tyres, as advised by the consultant, appellant filed petition for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t activity. The proceedings under Customs Act, 1962 initiated by the respondent is concluded by issuing Show Cause Notice dated 26.04.2019. In the mean time, appellant requested for provisional release of goods. When there was no response to the request for provisional release, appellant filed Writ Petition No.24892/2019 and 24726/2019 before the Hon'ble High Court of Karnataka and Hon'ble High Court directed the Department to release the goods provisionally on furnishing bond equal to the value of the goods along with the bank guarantee on 25% of the value of the goods. The appellant complied by the said conditions and goods covered under Bill of Entry No.2555443 dated 25.03.2019, 4570996 and 4571039 both dated 20.08.2019 were released. 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2638 of 1990 dated 12.08.1991 and also in the case of M/s Agarwal Industries Corporation Ltd. V/s The Commissioner of Customs in Customs Appeal No.20172 of 2015 dated 27.01.2020 and submitted that imposing fine & penalty on appellant is arbitrary and unsustainable. Regarding loss and prejudice caused to appellant, it is submitted that the goods were detained since 25.03.2019 and only after the directions by the Hon'ble High Court vide order dated 24.07.2019, it was released. Thus appellant also suffered huge financial loss due to delay in clearance of goods. 6. The learned D.R. reiterated the findings given by the Adjudication and Appellate Authorities and submitted that there is no reason to show leniency on appellant since he is the bene ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t activity, the goods imported by the appellant is illegally imported without valid license and for that reason, goods are liable for confiscation. There is no allegation of undervaluation and also there is no finding regarding the margin of profit earned by the appellant through such import. The goods were detained since 25.03.2019 and only after the directions by the Hon'ble High Court vide order dated 24.07.2019, it was released. Thus the appellant had faced financial loss due to delay in clearance of goods. 8. Considering the facts and circumstances of the case and also considering the fact that the goods are not prohibited to import, I am of the view that redemption fine of Rs.5 lakhs is reasonable for the omission on the part of appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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