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TMI Blog2015 (12) TMI 1637X X X X Extracts X X X X X X X X Extracts X X X X ..... on. An order of confiscation is not a pre-condition for imposition of penalty. A finding of confiscability suffices for such penal action - The imposition of penalty u/s 112 of Customs Act, 1962 on M/s. Truwoods Pvt. Ltd. is based on such finding. There is, therefore, no lacuna in the impugned order in not having confiscated the imported goods and in not having quantified a fine for redemption of confiscated goods - appeal dismissed - decided against Revenue. - C/471/2006 - Final Order No. A/30195/2016 - Dated:- 17-12-2015 - G. Raghuram, President and Shri C.J. Mathew, Member (T) Shri Mohd. Yousuf, AR, for the Appellant. Shri Karan Talwar, Advocate, for the Respondent. ORDER [Order per : C.J. Mathew, Member (T)]. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) E.L.T. 278 (S.C.)] to justify the proposal for confiscation of imported goods that have already been cleared for home consumption and, hence, not physically available. 4. Prima facie, we find that this relief sought through review does not have statutory backing. Allowing the option to pay fine in lieu of confiscation is not a mandate for filling the coffers of the State. It is an acknowledgement of the administrative constraints in handling of confiscated goods and the commercial actions entailed thereby. Further, the purpose of confiscation is to balance the unfair advantage derived by the importer with the redemption fine being the value accorded to the advantage that the original violation has obtained for the importer. When the or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Customs Act, 1962 is subject to furnishing a bond and appropriate security for payment of differential duty. That provision of the Customs Act, 1962 does not envisage any other condition for allowing provisional assessment. It must also be noted that the non obstante clause should bar any other action when provisional assessment is resorted to without invoking Section 110 of Customs Act, 1962. 6. The suspicion of undervalued imports led to provisional assessment in the present matter. The statute permits recovery of differential duty and interest. 7. Penalty under Section 112 can be invoked only in relation to goods liable for confiscation. An order of confiscation is not a pre-condition for imposition of penalty. A finding of conf ..... X X X X Extracts X X X X X X X X Extracts X X X X
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