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2018 (7) TMI 915 - HC - CustomsImposition of Customs duty with penalty - Confiscation - redemption fine - penalty - Held that:- Inspite of specific question put to Mr. Ranka counsel for the respondent regarding imposition of duty, he could not point out whether duty is liable to be imposed on the assessee, therefore, in our considered opinion, impugned order of penalty, redemption of fine and confiscation seems to be prima faice without jurisdiction - In that view of the matter, without expressing any opinion on the question of alternative remedy, to meet with the ends of justice, this court is bound to exercise its power under Article 226 of the Constitution of India to prevent injustice which has been done to the assessee. This is a fit case, where the High Court should exercise power otherwise this will amount to putting premium on the petitioner who is not required to pay even basic duty and penalty. The writ petitions are admitted.
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