9911796707
|
Home
Issues:
1. Condonation of delay in filing appeal. 2. Reduction of penalty and absolute confiscation of currency. 3. Legitimacy of notice for penalty amount. 4. Challenge to absolute confiscation of currency. 5. Jurisdiction of Appellate Tribunal under Customs Act, 1962. 6. Right to approach Central Government for revision. 7. Appellate channels under the law. 8. Appeal against orders in revision by Central Government. Detailed Analysis: 1. The appellant filed two applications for condonation of delay in filing the appeal and for early hearing. The appeal was found to be wrongly filed due to procedural errors in the initial filing process. 2. The appellant was accosted by Customs officers with Indian currency seized from his possession. The Additional Commissioner of Customs imposed a penalty and confiscated the currency. The Commissioner of Customs (Appeals) upheld the confiscation but reduced the penalty. The Government of India rejected the revision application due to lack of evidence supporting the claim that the currency was legitimate earnings. 3. The High Court addressed the legitimacy of a notice for penalty amount, directing the authorities not to enforce any payment exceeding the reduced penalty imposed on the appellant. 4. The High Court dismissed the challenge to the absolute confiscation of the currency, noting that the appellant did not contest it at earlier stages, and the appeal was not raised before the relevant authorities. 5. The Customs Act, 1962 outlines the jurisdiction of the Appellate Tribunal, barring certain appeals related to imported goods, payment of drawback, etc. Grievances falling under these barred areas can be revised by the Central Government under Section 129DD. 6. Section 129DD allows for revision by the Central Government for orders passed under Section 128A, including those falling under the barred jurisdiction of the Appellate Tribunal. 7. The law provides two separate appellate channels with distinct jurisdiction for appeals and revisions, ensuring clarity in the hierarchy of legal forums for redressal. 8. Orders passed by the Central Government in revision cannot be appealed before the Tribunal, and once an order stands merged with a higher authority's decision, there is no scope for further appeal. In conclusion, the Tribunal dismissed the appeal due to lack of jurisdiction, highlighting the importance of following the prescribed legal channels for appeals and revisions under the Customs Act, 1962.
|
