9911796707
TMI Blog2002 (4) TMI 115X X X X Extracts X X X X X X X X Extracts X X X X ..... lant had imported a consignment of Poppy Seeds which was assessed to duty at Rs. 20/- kg., despite the invoice of transaction showing the value of Rs. 8/- kg. only. The consignment was also confiscated with option to redeem on payment of Rs. 4 lakhs as fine and Rs. 2 lakhs as penalty. The appellant took up the matter before this Tribunal and this Tribunal vide its order dated 16-2-99 accepted the transaction value for the purpose of assessment of duty. It also reduced the redemption fine from Rs. 4 lakhs to Rs. 2 lakhs and penalty from Rs. 2 lakhs to Rs. 1 lakh. The appellants moved the lower authorities claiming refund of the excess duty paid on account of fixing higher assessable value and reduction in fine and penalty. These claims were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Further, the purchase figure mentioned in the Balance Sheet has not been explained. The appellants have stated that there had been no transactions before and after the above two transactions in question. In this view of the matter, the expenses shown in the Profit and Loss Account under various heads seem to be abnormally high". 3. Learned Counsel for the appellant has produced before us today the same documents which had been produced before the lower authorities also. He pointed out that from the sales realization borne out by the sale document it would be clear that the appellant had not passed on duty liability to the buyer. He also pointed out that the appellant's loss remains established by the balance sheet also. He further pointed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cess duty paid by them. However, the lower authorities were clearly in error in not giving the appellant the benefit of reduction of fine and penalty by this Tribunal. These did not attract the provisions relating to unjust enrichment. The excess fine and penalty was required to be returned to the appellant immediately on the passing of the order of the Tribunal. Accordingly, it is ordered that the excess redemption fine of Rs. 2 lakhs and excess penalty of Rs. 1 lakh already paid by the appellant shall be returned to them without any further delay.
6. Subject to the above modification with regard to return of amounts paid as fine and penalty, the impugned order is confirmed. The appeal is disposed of on these terms.
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