9911796707
TMI Blog2017 (4) TMI 203X X X X Extracts X X X X X X X X Extracts X X X X ..... rter or the value as determined under this Act, whichever is greater - the imposition of penalty u/s 114 of the Act, 1962 is justified - the quantum of redemption fine and penalty are excessive, redemption fine reduced to ₹ 10,00,000/- and penalty reduced to ₹ 5,00,000/- each - appeal allowed - decided in favor of appellant. - C/75639 & 75640/15, Cross Objection No. CO/75783/15 - FO/A/75499-75500/2017 - Dated:- 28-3-2017 - Shri P. K. Choudhary, Member(Judicial) Shri Arijit Chakraborty, Advocate for the Appellant Shri S.K.Naskar, AC(AR) for the Revenue ORDER Per: Shri P. K. Choudhary Briefly stated, the facts of the case are that on 23.07.2013, the Customs Officers recovered 1,27,840 bottles of Eskuff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ehalf of the Revenue reiterates the findings of the Adjudicating Authority. I find that the Adjudicating Authority had given a detailed reasoning for discarding the documents produced by the appellants. The Central Govt. issued Notification No.35/2008-Cus (NT) dt.02.04.2008 for the purpose of checking the illegal export of drug formulations as under:- Whereas the Central Government of India having regard to the magnitude of illegal export across the Indo-Bangladesh border and to check illegal export in areas along land border with Bangladesh in exercising power conferred under section 11-I of the Customs Act, 1962 had notified drug formulations containing codeine or its salts as Specified goods by issuing Central Board of Excise and Cu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nterfere with the findings of the Adjudicating Authority. 6. Section 114 of the Act, 1962, provides penalty for attempt to export goods improperly etc., Clause (iii) of Section 114 provides that any person, who, in relation to any goods does or omits to do any act which act or omission would render such goods liable to confiscation under Section 113 or abates the doing or omission of such an act, shall be liable to a penalty not exceeding the value of the goods as declared by the exporter or the value as determined under this Act, whichever is greater. Therefore, in the present case, the imposition of penalty under Section 114 of the Act, 1962 is justified. However, I find force in the submission of the ld.Advocate that the quantum of re ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
