Home Case Index All Cases Customs Customs + HC Customs - 2020 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (1) TMI 846 - HC - CustomsImposition of redemption fine - section 125 of CA - goods in question have already been released in favour of the assessee on a bond - HELD THAT:- the mere fact that the goods were released on the bond being executed would not take away the power of the customs authorities to levy redemption fine. However, tribunal has recorded that, "It is also on record that the goods were not physically available for confiscation. Redemption fine was not to be imposed in lieu of confiscation of any goods where the goods are not physically available to be redeemed." The learned Tribunal has erred in holding that the cited case of the Hon'ble Supreme court in the case of WESTON COMPONENTS LTD. VERSUS COMMISSIONER OF CUSTOMS, NEW DELHI [2000 (1) TMI 45 - SC ORDER] referred is distinguishable. This observation written by hand by the learned Members of the Tribunal, bearing their initials, appears to be made without giving any reasons and details. The said observation of the learned Tribunal, with great respect, is in conflict with the observation of the Hon'ble Supreme Court in the case of Weston Components. Decided in favor of revenue.
|