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3. Learned Counsel further submits that no adverse inference could
be drawn against the appellant if the goods are of the type not
mentioned in ISRI Code or in VIS; every scrap which is not covered
by ISRI cannot be held to be serviceable goods. Subsequent import
of identical goods, declared as heavy melting scrap of drilling pipes,
vide Bill of Entry No.2865033 dated 31.07.2013, by the appellants,
were cleared by the authorities without any question. He would
submit that as the goods are not liable for confiscation, redemption
fine cannot be imposed; the appellants contend that the profit
margin in HMS trade is around 6 to 7 % and therefore, redemption
fine of even 10% would be very high. He relies on the following
cases: