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TMI Blog2009 (8) TMI 115X X X X Extracts X X X X X X X X Extracts X X X X ..... ported are liable for confiscation under Section 111 of the Customs Act, 1962, even though the same are cleared and not available for seizure? (b) Whether on the facts and the circumstance of the case the Hon'ble CESTAT is correct in law in holding that since the imported goods were not available as being already cleared, the same was not liable for confiscation? 2. The premises of the responden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... period from 4-8-2003 to 20-9-2006 and ordered re-assessment of the goods imported. On the re-determined value of Rs. 44,82,452/-. The differential duty of Rs. 8,20,543/- was confirmed under Section 28(2) of the Customs Act, 1962 and recovery of interest under Section 28AB of Customs Act, 1962 was also ordered. An amount of Rs. 8,16,853/- deposited by the assessee during investigation was appropri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ailable for confiscation, the CESTAT quashed and set aside the order-in-original to the extent of the direction of imposition of redemption fine under Section 125 of the Customs Act. 4. CESTAT in its order relied on the judgment of the Punjab and Haryana High Court in the case of Commissioner of Customs, Amritsar v. Raja Impex (P) Ltd., 2008 (229) E.L.T. 185 (P&H). The learned Division Bench amon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mstances, if subsequently it is found that the import was not valid or that there was any other irregularity which would entitle the customs authorities to confiscate the said goods, then the mere fact that the goods were released on the bond being executed, would not take away the power of the customs authorities to levy redemption fine. The contention therefore, of the appellants there that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if there are no goods available for confiscation nor consequently redemption. Once goods cannot be redeemed no fine can be imposed. The fine is in the nature of computation to the state for the wrong done by the importer/exporter. 6. In these circumstances, in our opinion, the tribunal was right in holding that in the absence of the goods being available no fine in lieu of confiscation could have ..... X X X X Extracts X X X X X X X X Extracts X X X X
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