Case Law Details
Mgm Tradelink Pvt Ltd Vs C.C.-Kandla (CESTAT Ahmedabad)
CESTAT Ahmedabad held that no hard and fast rule can be laid down for fixing quantum of redemption fine but the same has to be done, depending upon facts and circumstances of each case
Facts- The appellant filed a refund claim for a refund of Rs. 2,90,212/- which was rejected vide OIO by Assistant Commissioner (Refund) who held that the goods CTH 72163200 are eligible for concessional rate of duty @5% as per Sr. 190B of Notification No.21/2002 but since the appellant did not challenge the assessment order which has become final the Refund is not admissible.
Against rejection of refund claim, the appellant filed an appeal before Commissioner of Customs(Appeal) who vide OIA rejected the appeal holding that the assessment of the subject bill of entry being unchallenged has attained finality and the assessment cannot be reopened.
Additional Commissioner, Custom House, Kandla vide OIO rejected the classification of goods under CTH 72041000/72044900 and ordered classification under 72163200 of the First Schedule of Customs Act, 1975. The declared value was rejected and re- determined and fixed as USD 550 PMT (Rs. 47,35,574/-) and ordered for confiscation of imported goods and imposed redemption fine of Rs.17,00,000/- u/s. 125(1) of Customs Act, 1962 and confirmed the demand for differential duty of Rs. 9,25,427/- and impose penalty of Rs 9,25,427/- u/s. 114A of the Customs Act, 1962.
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