M/S. R.K. Industries vs Commissioner Of Customs, Chennai on 3 May, 2001

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Customs, Excise and Gold Tribunal – Tamil Nadu
M/S. R.K. Industries vs Commissioner Of Customs, Chennai on 3 May, 2001
Equivalent citations: 2001 (77) ECC 271

ORDER

Jeet Ram Kait, Member (T)

1. This is an appeal filed by M/s. R.K. Industries, Chennai against the Order-in-Appeal No. M.Cus.1087/96 dt.5.7.96 passed by the Commissioner of Central Excise and Customs (Appeals) & Madras. The Commissioner (Appeals) has reduced the redemption fine of Rs. 7,40,000/- to Rs. 3,70,000/-

2. Arguing on behalf of the Appellants, the Ld. Counsel submits that the redemption fine is very high and requires to be further reduced.

3. Appearing on behalf of the Revenue, the Ld. DR points that the Commissioner (Appeal) has quite reasonably reduced the redemption fine to Rs.3,70,000/- from 7,40,000/- which was imposed by the lower adjudicating authority and this fine has been reduced by about 50% and no further reductionism warranted in this case. The Ld. DR has relied on the Tribunal decision in the case of Harpreet International vs. CCE, Chandigarh reported in 2000 (120) ELT 3 (TLB) wherein the redemption fine on consumer goods imposed by the Tribunal was 85% of the CIF value in the case of Poppy seeds. Respectfully following the above Larger Bench decision of the Tribunal, we are Ins of the considered opinion that the order of the Commissioner (Appeals) reducing the redemption fine almost to 50% of the CIF Value is quite reasonable and a lenient view has already been taken by him. We, therefore, do not find any reason to interfere with the order of the Commissioner (Appeals) and reject the Appeal.

(order dictated and pronounced in the open court)

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