Home Case Index All Cases Customs Customs + AT Customs - 2022 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (6) TMI 213 - CESTAT MUMBAIConfiscation - redemption fine - penalty - tug M.T. Mansi - Smuggling of High Speed Diesel (HSD) - HELD THAT:- The value of the tug was ascertained by M/s. Esvee Associates, an independent valuer, and on the basis of the valuation report, the value of tug has been ascertained for imposition of the redemption fine on the tug. Accordingly, there are no error in the redemption fine imposed for the release of the said tug. Levy of Penalty under Section 112(a) and 112(b) of the Customs Act - HELD THAT:- It is now settled law that Section 112(a) and 112(b) are mutually exclusive and penalty cannot be imposed simultaneously under both the sections - the penalty imposed on the appellant needs to be reduced and the same is reduced to Rs.50,000/- under Section 112(b) of the Customs Act, 1962. The appeal is partly allowed.
|