9911796707
TMI Blog2007 (5) TMI 427X X X X Extracts X X X X X X X X Extracts X X X X ..... 5.6 grams valued at Rs. 20.6 lakhs, confiscation of car bearing Registration No. TN-72A/3004 (with redemption fine of Rs. 1 lakh) and imposition of penalty of Rs. 5 lakhs. This Bench allowed the appeal by way of remand directing the Commissioner to give the appellant an opportunity to redeem the gold bars by paying a reasonable amount of fine under Section 125 of the Customs Act vide Final Order No. 53/07 ibid. Ld. Commissioner was directed to determine the amount of fine to be paid by the party, after hearing him. In respect of the car, which belonged to the appellant, we reduced the quantum of redemption fine to Rs. 20,000/-. Further, we reduced the penalty on the appellant to Rs. 3 lakhs, which was directed to be paid by him along with f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing on the results of the appeal. Accordingly, we substitute the following text for the present text of Final Order No. 53/2007 dt. 12-1-2007 : "In the impugned order, ld. Commissioner of Customs absolutely confiscated 40 gold bars of foreign origin weighing 4665.60 grams valued at Rs. 20.60 lakhs under Section 111(d) and (e) of the Customs Act; confiscated car bearing Registration No. TN-72A-3004 under Section 115(2) of the Act with option for redemption against payment of fine of Rs. 1 lakh under Section 125 of the Act; and imposed a penalty of Rs. 5 lakhs on the appellant under Section 112(a) of the Act. In the present appeal, the appellant has challenged the entire order on various grounds. Today, however, his Counsel fairly submits th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of the vehicle from which the contraband was seized, it has been submitted that the vehicle itself was valued by the department only at Rs. 1 lakh and, therefore, the fine of Rs. 1 lakh determined by the Commissioner for its redemption can hardly be held to be reasonable. The penalty imposed on the appellant also is said to be exorbitant. We find that, in the case of K.K. Saidalavi (supra), the Commissioner of Customs had ordered absolute confiscation of gold bars of foreign origin but this Bench directed the Commissioner to permit redemption thereof against payment of a reasonable fine. Having regard to the Government's liberal policy relating to import of gold and in view of the relevant provisions of the Customs Act (including Se ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
