9911796707
TMI Blog2010 (12) TMI 1023X X X X Extracts X X X X X X X X Extracts X X X X ..... bserves that since there is no time limit specified by Commissioner of Customs in his order-in-original for redemption of currency, the said option is still exercisable. The impugned orders are set aside and Assistant Commissioner (Refund) is directed to allow release of equivalent amount of foreign currency in Indian rupees after adjusting the amount of redemption fine from said refundable amount, revision application is disposed off - 371/16/B/2010-RA - 444/2010-Cus. - Dated:- 20-12-2010 - Shri D. P. Singh, J. Shri A.M. Sachwani, Advocate, for the Assessee. [Order]. This Revision Application has been filed by the applicant Shri Saini Darshan Singh Kartar Singh against order-in-appeal No. 25/Mumbai-III/10 dated 24-2-10 in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g been aggrieved by the above order-in-original, the applicant filed an appeal before the jurisdictional Commissioner of Customs (Appeals), who rejected the same on the grounds that the applicant disentitled himself to any claim on the currency once he could not exercise the option given by the original adjudicating authority of paying fine in lieu of confiscation. 3. Being aggrieved by the impugned order-in-original, the applicant has filed the revision application under section 129DD of Customs Act, 1962 before Central Government on the following grounds :- 3.1 That the applicant had made an application dated 19-6-2008 before adjudicating authority requesting to release the currency after adjusting the said fine and personal penalty a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1962) and when there is provision, there is no need for the appellant authority to deny the same. 4. Personal hearing scheduled in this case on 14-7-10 and 7-12-10 was attended by Shri A.M. Sachwani, Advocate on behalf of the applicant who reiterated the ground of revision application. 5. Government has carefully gone through the relevant case records including order-in-original and order-in-appeal and relevant provisions of applicable Acts/Regulations. 6. Government notes that Commissioner of Customs vide order-in-original dated 24-4-08, had ordered for release of foreign currency on payment of redemption fine of Rs. 5,00,000/- in lieu of confiscation under section 125 of Customs Act, 1962. A personal penalty of Rs. 2.50 lakhs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted the said request, the release of foreign currency was denied treating the application as time barred. Applicant has argued that AC/Dy. Commissioner of Customs (Refunds), C.S.I. Airport, Mumbai in his order-in-original No. DC/Ref/62/R/2010, dated 28-10-2010, Air/Cus/39R/16/2009, dated 26-3-2009, AC/Refund/07/R/10, dated 24-2-2010, AC/Ref/08R/09, dated 24-2-2010, AC/Refund/12R/2010, dated 19-3-2010, AC/Refund/11R/2009, dated 5-6-2009 has allowed refund after adjusting redemption fine amount. In the instant case also, he should have adjusted the redemption fine amount by deducting the same from the amount to be refunded. Government observes that since there is no time limit specified by Commissioner of Customs in his order-in-original for ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
