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TMI Blog2021 (3) TMI 1077X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner of Customs (Air), Chennai-1 Vs. M/s.Premium Tours and Travels (Chennai) Pvt. Ltd. [ 2021 (2) TMI 659 - MADRAS HIGH COURT ] and its applicability to the facts of the case provided provided that there was no earlier direction issued by the Tribunal dated 30.8.2007 where there was a positive direction issued to the Adjudicating Authority to grant redemption of the foreign currencies on payment of reasonable redemption fine. The Adjudicating Authority passed the order dated 26.12.2007 by fixing the redemption fine at ₹ 32 lakhs and levying penalty at ₹ 5 lakhs. The Tribunal exercised its discretion based on the direction issued by it in the earlier round of litigation and also taking note of its decision - Appeal dismi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tribunal. The first respondent brought assorted foreign currencies equivalent to Indian ₹ 58,04,590/-. He was intercepted by the Air Intelligence Unit in Chennai when he was about to board the flight to Singapore. It may not be necessary for us to narrate the entire facts and it would suffice to note that an Order-in-Original dated 26.3.2004 came to be passed by the Adjudicating Authority wherein there was absolute confiscation of the foreign currencies and a sum of ₹ 5 lakhs was imposed on the first respondent. 5. Aggrieved by the said order, the first respondent herein filed an appeal before the Tribunal, which allowed the appeal by order dated 30.8.2007 wherein a direction was given to the Adjudicating Authority to adjudica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d its applicability to the facts of the case provided that there was no earlier direction issued by the Tribunal dated 30.8.2007 where there was a positive direction issued to the Adjudicating Authority to grant redemption of the foreign currencies on payment of reasonable redemption fine. The Adjudicating Authority passed the order dated 26.12.2007 by fixing the redemption fine at ₹ 32 lakhs and levying penalty at ₹ 5 lakhs. On appeal, the Tribunal took note of the earlier order passed by it wherein there was a direction to impose reasonable redemption fine and after taking note of its decision and having regard to the value of the goods, reduced the redemption fine as well as the penalty. Thus, we find that the Tribunal exerci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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