SHRI JAYARAM MUTHUKALI, Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) HEARD both sides.

(2.) UNDER the impugned order, the declared description in respect of 39.98 MTs scrap imported as 'lead scrap relay' has been discarded and the same has been held as copper scrap and revaluation of the consignment has been ordered resulting in confirmation of differential duty demand of Rs. 11,80,575/ -. The impugned goods have also been confiscated but allowed to be redeemed on payment of a fine of Rs. 3 lakhs. In addition, penalty of Rs. 11,80,575/ - has been imposed on the Appellant M/s. Hemalatha Metal Mart under Section 114A, penalty of Rs. 1. lakh has been imposed on the Appellant M/s. Rajeshwari Metallurgicals Ltd. under Section 112(a) and a penalty of Rs. 25,000/ - has been imposed on the Appellant Shri Jayaram Muthukali, MD of M/s. Rajeshwari Metallurgicals Ltd. under Section 112(a) of the Customs Act, 1962.

(3.) THE learned SDR Shri C. Dhanasekaran appearing for the Department supports the impugned order and states that the penalties have been correctly determined and there is no scope of reduction.