P.C. VELAYUDHAN Vs. COMMISSIONER OF CUSTOMS, BANGALORE

JUDGEMENT

(1.) THE appellant imported a Mitsubishi Pajero car 1994 model manufactured in Japan. It was submitted by the Counsel that the appellant returned to India for settlement after being employed for more than 16 years in UAE. The appellant obtained vehicle export certificate from the concerned authorities in UAE and arranged for exporting the car by Lufthansa Cargo on payment of freight charges. The appellant filed bill of entry for clearances for the said vehicle. Bill of entry was assessed and duty was duly paid. The car was allowed to be released by the Customs Authorities on payment of duty in addition to imposition of redemption fine of Rs. 6,75,000/ - apart from penalty of Rs. 1,00,000/ - for violation of ITC Public Notice No. 202/92 -97, dated 30 -3 -94. The appellant has became unsuccessful before the Commissioner (Appeals), Bangalore. Hence this appeal.

(2.) SH . Parameswaran, ld. Counsel, appearing for appellant submitted that his request is only with reference to reduction of quantum of redemption fine as well as penalty. He said that in the similar facts and circumstances with reference to the same order the Tribunal in the case of N.K. Kutty Pushpangadhan v. Commissioner of Customs, Cochin, reported in 2001 (129) E.L.T. 346 (T) has reduced the redemption fine from Rs. 5,00,000/ - to Rs. 3,00,000/ -.

(3.) SMT . Radha Arun, appearing for the Revenue, justified the action of the department in imposing the redemption fine as well as penalty. She said that no reduction is called for in the facts and circumstances, however, she leaves it to the Bench in view of the decision referred to above.