Home Case Index All Cases Customs Customs + AT Customs - 2014 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (4) TMI 196 - CESTAT NEW DELHISmuggling - Absolute confiscation of Indian currency – Whether confiscation should be absolute one or should be converted into an option for redeeming – Imposition of penalty - Held that:- Judgment in Nitu Bhojwani vs. CC Ahmedabad [2009 (4) TMI 623 - CESTAT, AHMEDABAD] followed - It is found that offence of smuggling is not being challenged by the appellants - However, they pray that instead of absolute confiscating the Indian currency, the same should be converted into an option for redeeming the same on payment of redemption fine - In the absence of any malafide, the absolute confiscation of IC is not warranted – 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.
|