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TMI Blog2018 (1) TMI 126X X X X Extracts X X X X X X X X Extracts X X X X ..... Learned Commissioner (Appeals) observed that while using the term owner, identifies such owner as a person to whom the goods may be redeemed practically. It is for this reason that Section 125 of the Act ibid, also prescribes that where the owner is not known, the option of redemption would be given to the person from whose possession or custody such goods were seized - appeal dismissed - decided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t gate of Green Channel. The Appellant was asked to hand over the Passport (Bearing No. - L - 6692391) and Customs Slip of Disembarkation Card. No dutiable goods were declared in his Disembarkation Card. Further, it was noticed from Appellant s Passport that he has already visited frequently to foreign countries. On suspicion, Appellant s trolley bag was screened through X-Ray machine and the inne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Act, 1962. Seizure report dated 25/02/2014 was prepared and Panchnama dated 25/02/2014 was drawn in respect of the goods, so seized. 4. Show cause notice dated 08th August, 2014 was issued proposing to confiscate the seized gold with further proposal to seize the two mobile phones, the trolley bag used for concealing gold and further penalty was proposed under Section 112 and Section 114 AA o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of redemption fine amounting to ₹ 10 lakhs along with payment of applicable duty and other charges, if any. He has upheld the penalty imposed under Section 112 and also under Section 114 AA of the Customs Act. 7. The Revenue is in appeal before this Tribunal on the ground that the smuggled gold is liable to absolute confiscation and have also referred to C.B.E.C. Circular F. No.495/5/92-C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that where the owner is not known, the option of redemption would be given to the person from whose possession or custody such goods were seized. Accordingly, the Learned Commissioner was pleased to modify the order of absolute confiscation to one of confiscation with option to redeem. 10. I find that there is no impropriety or illegality in the order of the Learned Commissioner (Appeals). Acco ..... X X X X Extracts X X X X X X X X Extracts X X X X
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