TMI Blog2003 (1) TMI 109X X X X Extracts X X X X X X X X Extracts X X X X ..... ccordingly, the appeal is allowed partly. The redemption fine is ordered to be reduced to Rs. 1,00,000/- in place of Rs. 3,00,000/- and the penalty amount is reduced to Rs. 25,000/- in place of Rs. 50,000/-. The appeal stands disposed of accordingly with no order as to costs. - 4025 of 1995 - - - Dated:- 28-1-2003 - M.B. Shah and Arun Kumar, JJ. [Order]. - In December, 1990, appellant - M/s. Super Electronics imported two consignments of 500 sets of optical disc drives from Lucky Gold Star International Corporation of Korea. It is the contention of the appellant that optical disc drives were imported for the manufacture of radio cassette recorders in combination with CD players (compact disc players). The goods were sought to be c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied that the scope of radio cassette recorder/player does not cover combination of radio cassette recorder with CD player. Finally, Additional Collector arrived at the conclusion that importer was liable to pay penalty under Section 112 of the Customs Act for the wilful misdeclaration of the value of the consignment as well as for importing the goods without import licence wilfully. He, therefore, ordered confiscation of 500 sets of optical disc drives valued at CIF Rs. 3,56,850/- and gave an option to the importer to redeem the same on payment of fine of Rs. 6 lacs while a penalty of Rs. one lac was imposed. 5.Appellant preferred Customs Appeal No. C/403/92-A before the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi (fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the OGL. To avoid the dispute also, it had produced a REP license for the relevant period. 8.From the facts of the present case, it is apparent that appellant having bona fide impression that it was entitled to import the goods in question for its industrial use. It had imported similar goods earlier also. There was no deliberate attempt on its part to import goods against the policy. [Re: Akbar Badruddin Jiwani v. Collector of Customs - 1990 (47) E.L.T. 161 = (1990) 2 SCC 203] 9.In this view of the matter, it will be appropriate to take a lenient view with regard to imposition of redemption fine and the penalty. Accordingly, the appeal is allowed partly. The redemption fine is ordered to be reduced to Rs. 1,00,000/- in place of R ..... X X X X Extracts X X X X X X X X Extracts X X X X
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