ORDER
Krishna Kumar, Member (J)
1. Heard JDR appearing for the Revenue. None appeared for respondent.
2. The ld. JDR submitted that the redemption fine imposed by the original authority is Rs. 25 lakhs which has been reduced to 1,51,000/- by the Commissioner (Appeals). In Appeal No. C/507/02 it has been reduced to 1,25,000/- and in other appeal the redemption fine of Rs. 1,51,000/- has been reduced to Rs. 1 lakh. Similarly penalty amount imposed in Appeal No. C/507/02 is Rs. 67,000/- which has been reduced to Rs. 25,000/- and in Appeal No. C/508/02 the penalty of Rs. 50,000/- has been imposed, which has been reduced to Rs. 20,000/- by the Commissioner (Appeals). The ld. JDR submitted that the redemption fine is to the extent of 43% of the margin of profit whereas the penalty amount imposed is 20% of the margin of profit. In a recent decision of the Tribunal which has been approved by the Hon’ble Bombay High Court, the imposition of redemption fine to the extent of 48% and the imposition of penalty to the extent of 10% has been upheld.
3. Applying the ratio of the decision of the Tribunal in the case of Sophisticated marbles which has been confirmed by the Hon’ble High Court of judicature at Bombay as per their Order in Writ Petition No. 39/04 dated 22.01.2004, I do not find any valid ground to interfere with the order passed by the Commissioner (Appeals). The appeals filed by the Revenue are, therefore, dismissed.