Daya Enterprises Vs Commissioner of Customs (Export) (CESTAT Delhi)
CESTAT Delhi held that the amount of redemption fine imposed by the Commissioner in the impugned order is equal to the value of the goods itself, the same is harsh, accordingly, concluded that the amount of redemption fine must be reduced.
Facts- M/s Daya Enterprises filed this appeal to assail the Order in Original dated 15.09.2017 passed by the Commissioner of Customs (Exports) ICD TKD whereby he confirmed demand of Customs duty of Rs. 53,40,105/- on the appellant and imposed fine of Rs. 1,65,49,893/-and the penalty of Rs. 94,51,763/-.
Conclusion- Held that there is no inconsistency in the method of proposed in the show cause notice and upheld in the impugned order. It also needs to be pointed out that the appellant had not contested the proposals in the show cause notice nor presented any contrary evidence regarding valuation before the Commissioner and, therefore, the Commissioner was correct in accepting the valuation method proposed in the show cause notice.
Held that the amount of redemption fine imposed by the Commissioner in the impugned order is equal to the value of the goods itself. In our considered view, this is harsh and the amount of redemption fine must be reduced.
