JUDGMENT
Jyoti Balasundaram, Member (J)
1. The Revenue seeks stay of operation of the impugned order of the Commissioner of Customs(A), Mumbai reducing redemption fine imposed upon the respondents herein from Rs. 10.50 lakhs to Rs. 7.35 lakhs and reducing penalty imposed upon the respondent from Rs. 80,000/- to Rs. 74,000/-. the confiscation with option to redeem and imposition of penalty arises as a result of the department rejecting the declared value and enhancing the assessable value of the imported old and used diesel engine.
2. On hearing both the sides and going through the impugned order, we find that the Commissioner had relied upon the Tribunal’s judgment in the case of Nanak Trading Co. v. CC, Mumbai [1998 (74) ECR 736] wherein, the Tribunal fixed quantum of redempting fine at 100% of the cif value of the confiscated goods and penalty at 10% thereof. Prima facie, the department has not been able to show any error in the lower Appellate Authority’s reliance upon the above cited judgment. We are, therefore, of the view that no ground for stay of operation of the order has been made out and accordingly dismiss the application.
(Dictated in Court)