SHIV AUTO WORKS Vs. COMMISSIONER OF CUSTOMS, BANGALORE

JUDGEMENT

(1.) THIS appeal arises out of and is directed against the Order -in -Appeal No. 58/96, dated 29 -10 -96, passed by the Commissioner of Customs and Central Excise (Appeals), Bangalore.

(2.) HEARD both sides.

(3.) SHRI Lakshminarayanan, ld. Adv., appearing for the appellant submitted that the issue relates to valuation. He submitted that apart from the various infirmities in the impugned order, imposition of redemption fine is excessive and arbitrary. Quantum of margin of profit as envisaged under Section 125 of the Customs Act, has not been worked out, nevertheless it was observed by the Commissioner that redemption fine is based upon the margin of profit. In this context he drew our attention to the relevant observation made by the Commissioner (Appeals) wherein it was observed that As a matter of fact I find that, in view of the gravity of the offence and the margin of profit involved on such goods, the R.F. imposed in this case is already on a lower side and, therefore, a lenient view has already been taken by the adjudicating authority. Without going into the other pleas raised by both sides, we find quantum of margin of profit is not forthcoming in the respective orders as pointed out by the Counsel for the appellant. In view of this position, we are of the view that this matter will have to go back for reconsideration. In the view we have taken, we are remanding the matter back to the adjudicating authority to examine the matter afresh and to work out, to what extent, margin of profit involved on such goods in terms of Section 125 of Customs Act in imposing the redemption fine and to pass an appropriate order in accordance with law on providing an opportunity to the party. Thus this appeal is disposed of in the above terms.