2007 (5) TMI 243 - SC - Customs

Reference to High Court - Redemption fine on third party - Ownership of goods - Held that - A bare perusal of Section 125 of the Customs Act shows that the appellant has raised a question(s) of law which was/were required to be considered by the High Court. In fact, Mr. Rudreshwar Singh, learned Counsel appearing on behalf of the respondent submits that another question which should have been considered by the High Court is as to whether the appellant, as incharge of the said business, Ravi Jagota was liable for imposition of redemption fine under Section 125 of the said Act or not - Matter remitted to High Court - Decided in favour of assessee.

Summary

Issues:
1. Imposition of redemption fine on a non-owner of goods.
2. Refusal by the High Court to consider questions of law raised under Section 130A of the Customs Act, 1962.
3. Interpretation of Section 125 of the Customs Act regarding liability for redemption fine.

Analysis:

Issue 1: The appellant, not the owner of the goods, faced a redemption fine despite the actual owner being identified as Ravi Jagota. The appellant sought clarification on the imposition of penalties and fines in such a scenario. The questions raised included the appellant's bona fide actions, justification of the redemption fine, and liability for the actions of the actual owner, Ravi Jagota. The appellant's lack of awareness regarding the nature of the goods and misuse of the appellant's company name by Ravi Jagota were also highlighted.

Issue 2: The appellant filed a reference application under Section 130A of the Customs Act, 1962 before the High Court to address the questions of law arising from the Customs Tribunal's order. However, the High Court declined to consider the questions raised, leading to the appeal before the Supreme Court. The appellant's counsel argued that the High Court should have also assessed whether Ravi Jagota, as the business incharge, was liable for the redemption fine under Section 125 of the Act.

Issue 3: The Supreme Court found that the High Court erred in not addressing the questions of law raised by both the appellant and the respondent. The Court emphasized the importance of considering the legal issues framed by both parties and directed the High Court to review the matter comprehensively. Consequently, the Supreme Court set aside the impugned judgment, allowed the appeal, and remitted the case back to the High Court for further examination and appropriate orders after hearing all parties involved.