Enhancement in Value based on Chartered Engineer certificate – CESTAT reduces redemption fine & Penalty

Sri Sai Graphics Vs Commissioner of Customs (CESTAT Bangalore)

The core issue in these appeals revolves around the fine and penalty to be imposed on the appellant for importing MFDs without adhering to DGFT’s licensing conditions. It was observed by the Tribunal that in many similar cases, when the value is enhanced based on the Chartered Engineer’s certificate without market enquiry, a fine and penalty of 10% and 5% respectively, based on the enhanced value, is deemed just. This stance has been consistently held

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