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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.
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