2007 (6) TMI 356 - AT - Customs

Summary

Issues: Appeal against confiscation of gold bars and foreign currency, imposition of penalty, erroneous direction for redemption fine.

The Commissioner filed an application pointing out a mistake in the final order directing redemption of gold bars and foreign currency. The Tribunal found that most gold bars were disposed of and currency converted, making the original order unimplementable. The Tribunal recalled the order and directed the Commissioner to determine a redemption fine for the remaining goods. The penalty imposed was reduced, and the Commissioner was instructed to recover it along with the redemption fine and duty from the sale proceeds, returning the balance to the appellant.

The Tribunal acknowledged the disposal of most gold bars and conversion of currency, rendering the original order unimplementable. The appellant sought redemption of the remaining goods against a fine, challenging the excessive penalty. Referring to past cases, the Tribunal directed the Commissioner to allow redemption of the goods against a determined fine. The penalty was reduced for consistency, and the Commissioner was tasked with recovering it along with the redemption fine and duty from the sale proceeds, returning the excess to the appellant.