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TMI Blog2016 (4) TMI 682X X X X Extracts X X X X X X X X Extracts X X X X ..... ak wood is undeniable. The seizure resulted in confiscation holding that to be prohibited goods. However, learned adjudicating authority has allowed re-export of the said goods on payment of redemption fine of Rs. One lakh. He has also imposed penalty of Rs. One lakhs under section 112(a)(i) of Customs Act, 1962. But prayer of learned counsel is that re-export having been ordered by the adjudicati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. Elephanta Oil and Industries Ltd. - 2003 (152) ELT 257 (SC) that merely because permission was granted to the assessee to re-export the same would not mean sub-clause (a) of Section 112 of the Customs Act, 1962 would not stand attracted. It was further held that Section112 of the Customs Act is different from the confiscation of the goods under section 125 of the Customs Act, 1962. The Apex cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 'ble High Court of Madras, section 125 of Customs Act does not call for proposition of law that on the re-export of goods, there could be no redemption fine and duty leviable. 7. Following the ratio laid down by Apex Court and followed by Hon'ble High Court of Madras, it would be proper to direct the appellant to deposit Rs. 50,000/- (Rupees fifty thousand only) towards redemption fine an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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