Customs, Excise and Gold Tribunal - Tamil Nadu
Commissioner Of Customs, Trichy vs M/S Esjaypee Impex (P) Ltd. And M/S ... on 6 September, 2001
ORDER
Shri S.L. Peeran
1. All these Revenue appeals arise from a common order and hence they are taken up together as per law for disposal. The issue is as to whether the redemption fine imposed by them is justified or not. By a common order No. 75 to 90/97(T)(D) Cus dated 27.5.95, the Commissioner (Appeals) has taken a view that redemption fine is to be fixed at 100% CIF in all the cases.
2. Revenue contends that the CIF has to be still increased on the basis of margin of profit and matter has to be re-determined.
3. None appeared for respondents.
4. We have carefully considered the Revenue's plea. We notice that the matter was referred to a Larger bench in the case of HARPREET INTERNATIONAL on the same issue by this Bench and the larger bench presided by the Hon'ble President Shri K. Sreedharan as reported in 2000 (12) ELT 529 has held that redemption fine on coppy seeds for the relevant period is required to be determined at 85% of the CIF value in terms of Section 125 of the Customs Act, in the present case, the Commissioner has imposed 100% CIF value. The Tribunal has been taking up similar cases and applying the ratio of larger bench judgment. As there is no cross appeal by respondent, therefore imposition of penalty at 100% value is required to be confirmed in terms of larger bench judgment. There is no merit in these appeals and same are rejected.
(Pronounced & Dictated in Open Court)