Home Case Index All Cases Customs Customs + HC Customs - 2015 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (8) TMI 1224 - HC - CustomsImposition of redemption fine when goods not available Tribunal vide impugned order partly allowed appeal of respondent by dropping redemption fine as goods were not seized and were not available Whether tribunal was legally justified in dropping redemption fine Held that:- Availability of goods is one of criteria which has been evolved in reported decision of current Court in case of Commissioner of Customs (Import), Mumbai v. Finesse Creation Inc. [2009 (8) TMI 115 - HIGH COURT OF JUDICATURE AT BOMBAY] It was held that redemption fine is concept which arises in event goods are available and are to be redeemed If goods are not available there is no question of redemption of goods View of Tribunal in given facts and circumstances, considering language of Section 125(1) does not suffer from such serious legal infirmity or perversity which would warrant interference Section 125 speaks of option to pay fine in lieu of confiscation Appeal dismissed Decided against revenue.
|