M/S Bhagwan Electro Pho Copiers, 1 vs Commissioner Of Central Excise on 20 November, 2014
The Tribunal while relying on its earlier decision in the
case of Unitech Enterprises(Supra) had totally ignored the decision of Madras
High Court in the case of Sai Graphic Systems Vs. Commissioner of Customs
(Seaport-import), 2013(289) ELT 423 (Mad.), wherein it had been held that
digital multi functional print and copying machines fell under the category of
restricted goods w.e.f. 5.6.2012 and that the restriction was operative
prospectively only. Lastly, it was argued that without prejudice to the
aforementioned submissions, fine and penalty equal to 100% of the value of the
goods had been imposed, but the decision of the learned Tribunal as upheld by
this Court as well as the decision of the Madras High Court, wherein the
learned Tribunal had imposed penalty and fine not more than 20% of the
assessed value had been ignored, that although fine and penalty were the
discretion of the authorities, but it was settled law that discretion should be
exercised judicially and in a consistent manner, therefore, the respondent could
CUSAP No. 1 of 2014 -4-
not impose penalty from 15% to 20% in one case and 100% in another case. In
the light of above, it was contended that the amount of fine and penalty needed
to be reduced substantially.