TMI Blog2014 (4) TMI 196X X X X Extracts X X X X X X X X Extracts X X X X ..... arranted – Given the bona fide of appellants, absolute confiscation of IC is set aside and redemption of the same allowed on payment of redemption fine of Rs.50,000/- - The redemption fine imposed by the Tribunal in all the above cases ranges from 10% to 20% - Penalty imposed upon Shri Khima Nand Sharma is reduced from Rs.50,000/- to Rs. 20,000/- - As regards penalty on Shri Hari Singh, a labourer working on behest of his master, his penalty is reduced from Rs.10,000/- to Rs.1,000/- Decided partly in favour of appellants. - Appeal No. 191 & 192 of 2011- Cus[SM] - ORDER NO. FO/ A 51167-51168/2014-Cus(SM) - Dated:- 24-3-2014 - Ms. Archana Wadhwa, J. For the Appellant : Shri Sunil Kumar , Advocate For the Respondent : Shri M S N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was not aware that there is prohibition for export of Rs.500/- and Rs.1000/- denomination of Indian currency notes. 5. Based upon the above proceedings were initiated against both the appellants resulting in absolute confiscation of the Indian currency along with imposition of penalty of Rs. 50,000/- on each of the appellants. On appeal Commissioner (Appeals) upheld the absolute confiscation and imposition of penalty on Shri Khima Nand Sharma, but reduced penalty to Rs.10,000/- on Shri Hari Singh on the ground that he was only a labourer and was working at the behest of his master. Hence the present two appeals. 6. Learned advocate appearing for the appellants has not disputed the facts and consequent confiscation of the Indian cu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aphs are reproduced below: 7. After appreciating the submissions, I find that confiscation of Indian currency is not under challenge. Only prayer made by learned advocate is that the absolute confiscation should be converted into an option to redeem the same on payment of redemption fine. Tribunal in case of Amlendu Bhattacharjee v. CC, Kolkata - 2004 (165) E.L.T. 367 (Tri-Kolkata), has held that keeping in view the bona fide of the passenger, absolute confiscation was not warranted. Indian currency was, accordingly, allowed to be redeemed on payment of redemption fine of Rs. 11,000/-. Similarly, in the case of Prakash Agarwal v. CC (Airport), Kolkata - 2007 (212) E.L.T. 477 (Tri.-Kolkata), the Indian currency of Rs. 1.5 lakh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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