9911796707
TMI Blog2025 (2) TMI 434X X X X Extracts X X X X X X X X Extracts X X X X ..... ntemplated under Section 129DD of the Customs Act, 1962 - respondent herein being a frequent flyer, eligible passenger under the Act to carry gold or not - prohibited goods or not - the Applicant prayed that the order of the Appellate Tribunal needs to be stayed during the pendency of the appeal having regard to the questions of law framed while admitting the appeal. HELD THAT:- Considering the q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... when in fact the order in appeal was revisable as contemplated under Section 129DD of the Customs Act, 1962? (ii) Whether the order of the learned CESTAT is perverse as the learned CESTAT ignored the facts on record that respondent herein being a frequent flyer is not an eligible passenger under the Act to carry gold and as per Para 2.20 of Foreign Trade Policy and provisions of Section 3 (3) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... As gold ornaments are not restricted for import. confiscation without option to redeem is not valid exercise of authority under section 125 of Customs Act, 1962. Accordingly, the option of redemption is granted to the appellant herein, who may, upon payment of fine of Rs. 1,25,000/-, have possession of the gold ornaments restored to him. Penalty of 2.50,000/- is reduced to 50,000/-. 3. The Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ureshi, learned counsel for the Respondent. Mr. Qureshi submitted that the Respondent though may have made frequent trips to India but there was never any occasion when he carried gold ornaments. The Respondent, according to him, came to India for a family function and it is for this reason that he was carrying gold which was his personal property. Thus in such circumstances, it is prayed that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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