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TMI Blog2009 (9) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore the Assessing Officer was right in permitting the said three persons to pay the redemption fine and release the goods. - 24 OF 2003 - - - Dated:- 24-9-2009 - <?xml:namespace prefix = st2 /> FERDINO I. REBELLO D.G. KARNIK, JJ. Mr. P.S. Jetly with Mrs. S.V. Bharucha for the applicants. Mr. Vikram Nankani with Mr. S. Murthi i/b Mr. M.G. Gawde for the respondents. [Judgment per Ferdino I. Rebello, J.] - By this application, the Revenue has sought reference on the following questions: " Whether from the facts and circumstances of the case, the CEGAT was justified in holding Shri Biren Shah and Naresh Modi as importer and accordingly option to redeem the goods on redemption fine was given to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for shipment in the name of the Export House and they admitted that there is contravention of Import Policy and Customs Act, 1962. They further agreed to pay the applicable import duty. They waived issuance of show cause notice and did not desire a personal hearing. In view of the facts on record, the Assessing Officer ordered confiscation of 16 consignments under section 111(o) of the Customs Act. An option was however granted to the respondents to redeem the same on payment of redemption fine of Rs.15,00,000/and duty at the applicable rate. It was further mentioned that the orders regarding imposition of penalty was to be issued separately. 4. The order of the Assessing Officer was reviewed by the Board which directed preferring of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade customs duty, if any, would be irrelevant as long as the goods were finally cleared by the said three persons by payment of duty. Section 125 of the Act permits the authority to redeem the goods on payment of fine either to the owner or the persons in possession. In the instant case, the very fact that the goods were redeemed by the three persons, who filed the Bills of Entry, would by itself warrant the conclusion that those three persons claimed right in the goods. Even otherwise, those three persons can be said to be the other persons and therefore the Assessing Officer was right in permitting the said three persons to pay the redemption fine and release the goods. 8. Considering the above, in our opinion, the questions as frame ..... X X X X Extracts X X X X X X X X Extracts X X X X
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