Home Case Index All Cases Customs Customs + AT Customs - 2014 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (1) TMI 380 - CESTAT AHMEDABADConfiscation of goods - Demand of differential duty - Imposition of redemption fine - Shortage in stock - Imposition of equivalent penalty - Held that:- goods not seized cannot be confiscated and subsequently released on redemption fine. Redemption fine is possible only in respect of goods seized and confiscated irrespective of the facts that the goods are available at the time of adjudication for confiscation. Goods were not physically seized and therefore, the question of confiscation and subsequent release on imposition of redemption fine do not arise - imposing penalty upon the partner when the penalty has already been imposed upon the firm, does not have any legal support - Decided in favour of assessee.
|