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2008 (8) TMI 379 - HC - Customs

Issues:
Challenge to order reducing redemption fine and personal penalty.

Analysis:
The judgment concerns a writ petition challenging an order by the CEGAT reducing the redemption fine and personal penalty imposed on an importer for unauthorized import of Crystal Glassware. The importer had imported the goods without the required license, leading to confiscation of the goods. The original authority imposed a redemption fine of Rs. 16,25,000/- and a personal penalty of Rs. 1,60,000/-. Subsequent appeals resulted in the reduction of the redemption fine to Rs. 6 lakhs and the personal penalty to Rs. 60,000/-. The High Court noted that the authorities have the power to levy penalties under Section 125 of the Customs Act. The petitioner did not challenge the confiscation but contested the fines and penalties imposed. The court emphasized that judicial review is limited to procedural irregularities, not to act as an appellate authority. As all authorities, including the Tribunal, had granted relief to the petitioner, the High Court found no grounds to interfere with the order. Consequently, the writ petition was dismissed with no costs incurred.

 

 

 

 

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