9911796707
TMI Blog2014 (10) TMI 267X X X X Extracts X X X X X X X X Extracts X X X X ..... adjudicating authority after enquiry, on the basis of the legal evidence on record has recorded a finding of fact which is not found fault with by any of the authorities. Even the assessee did not contest those finding of fact, it is thereafter he has passed an order of confiscation and also imposed penalty. Such a well considered order cannot be interfered with by the higher authorities even though they have the power to modify or vary such orders, without assigning any reasons. In that view of tin matter, the approach of the higher authorities are whimsical, unsupportable and contrary to law - Decided in favour of Revenue. - CSTA No. 15 of 2007 - - - Dated:- 29-9-2011 - N. Kumar and Ravi Malimath, JJ. Shri T.M. Venkata Reddy, Advo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of confiscation and penalty but directed release of the currency on payment of redemption fine of ₹ 6,00,000/-. 4. The said order was challenged by the assessee before the Tribunal. Before the Tribunal the assessee did not contest the case on merits. He only prayed for reduction of redemption fine. The Tribunal relying on the judgment in the case of Halithu Ibrahim v. CC (Airport), Chennai [2005 (183) E.L.T. 307] reduced the redemption fine to ₹ 2,50,000/- and penalty ₹ 50,000/- and accordingly granted relief to the assessee. Aggrieved by the said order, the revenue is in appeal. 5. The following substantial question of law arises for our consideration in this appeal :- Whether the Tribunal was justified in reduc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed an order of confiscation and also imposed penalty. Such a well considered order cannot be interfered with by the higher authorities even though they have the power to modify or vary such orders, without assigning any reasons. In that view of tin matter, the approach of the higher authorities are whimsical, unsupportable and contrary to law. In that view of the matter, we do not see any justification in the order passed by the Tribunal. It is perverse and therefore, ii requires to be interfered with. Hence, we pass the following order :- (i) Appeal is allowed. (ii) The impugned order passed by the Tribunal is set aside. (iii) The order passed by the Appellate Commissioner is restored. (iv) The substantial question ..... X X X X Extracts X X X X X X X X Extracts X X X X
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