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TMI Blog1994 (4) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... sed in favour of Shri Narayan Naik (respondent) inter alia on the grounds that the appellate authority erred in releasing 42 gold biscuits (which were earlier absolutely confiscated by the original authority) on a redemption fine of Rs. 5 lakhs because the respondent on arrival had failed to declare the same. It may be mentioned that on revision application filed by the respondent the said fine wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ption of redemption may be given in his discretion by adjudicating/appellate authority as envisaged under Section 125 of the Customs Act, 1962. In opinion of the revisionary authority apart from other reasons absolute confiscation of gold valued at Rs. 19-20 lakhs (brought in by persons otherwise entitled) for offence of attempted evasions of duty of about Rs. 1.10 lakhs only is out of proportion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onary authority gave its decision in the case of Kamlesh Kumar it was after due consideration of all the aspects relating to import prohibition, requirement of declaration under the Customs Act and dutiability on import of gold by NRIs and other Indians entitled to bring in gold upto 5 Kgs. Nay, Government (Board) instructions dated 22-4-1992 were even before the revisionary authority having been ..... X X X X Extracts X X X X X X X X Extracts X X X X
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