2007 (2) TMI 82

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... of Customs (Appeals) on one hand allowed the re-export of the goods and also upheld the imposition of redemption fine and penalty. The contention is that as the goods were ordered to be re-export, the imposition of redemption fine and penalty are not sustainable. 3. The appellant relied upon the decision of Hon'ble Madras High Court in the case of Sankar Pandi v. Union of India reported in 2002 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... se of A.K. Jewellers (supra), after relying upon the decision of Hon'ble Supreme Court in the case of Collector v. Elephanta Oil & Industries Ltd. reported in 2003 (152) E.L.T. 257 held that power to levy the penalty under Section 112 of Customs Act for improper importation of goods is different from the power of confiscation of goods under Section 125 of Customs Act. The same view is taken by the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t control film by declaring as polyester film and dust control or sun control are liable for anti-dumping duty and on the present consignment the goods are liable for approximately Rs. 10 lakhs, anti-dumping duty, therefore the amount of redemption fine and penalty does not call for any reduction. The appeal is dismissed. (Dictated and pronounced in open Court)
Case laws, Decisions, Judgement .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X