Home Case Index All Cases Customs Customs + HC Customs - 2014 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (11) TMI 1102 - HC - CustomsImposition of fine and penalty - Section 127B of the Customs Act - Held that: - there is no error on the part of the Commission to impose redemption fine in the light of the fact that there is admission by the co-applicants before DRI that the value admitted was less than actual value under import. Therefore, in the facts and circumstances of the case, the petitioners cannot be heard to state that the market survey should be conducted in the light of the candid admission of applicants. Penalty imposed on company as well as co-applicant - Held that: - This would require reconsideration in the light of the fact that already redemption fine has been imposed. Hence, to that extent, the impugned order calls for interference. Accordingly, the writ petition is partly allowed and the findings of the settlement commission insofar as it relates to penalty in Paragraph 15.1(d), (e) and (f) are set aside and the matter is remanded to the Settlement Commission for fresh consideration, to consider as to whether there is need for imposition of penalty on the company as well as the Directors of the Company. The petitioner has fully cooperated before the Officer as well as the Settlement Commission and paid the demand raised and the confirmation of redemption fine levied, such reconsideration shall be made by the Commission - first respondent, in accordance with law.
|