Home Case Index All Cases Customs Customs + HC Customs - 2015 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (4) TMI 953 - HC - CustomsImposition of redemption fine - short-payment of customs duty on the imported goods on a value lesser than the actual one - whether redemption fine can be imposed without making a proper market survey to find out the market price, as prescribed under the provisions of Section 125 of the Act - Held that:- It is the requirement of law that the amount of redemption fine should not exceed the market price of the goods confiscated and the same can be obtained only on market survey, which, in the instant case, has not been done - Single Judge has already remitted back the matter to the Settlement Commission in respect of imposition of penalty, we are of the considered view that the Settlement Officer, while re-considering the imposition of penalty, shall also examine the imposition of redemption fine, following due process of law, as observed by the Supreme Court in Commissioner of Customs, Mumbai vs. Mansi Impex [2011 (8) TMI 470 - Supreme Court of India] in accordance with Section 125 of the Act. - Decided partly in favour of assessee.
|