2015 (9) TMI 513

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..... ibunal found that confiscation ordered under Section 111-D of Customs Act is not maintainable and as result, allowed appeal filed by assesse – Held that:- seen from records that assessing officer initially imposed ₹ 3,00,000/- as redemption fine and ₹ 70,000/- as penalty, which, on appeal, was subsequently reduced by Commissioner and on further appeal by assessee, Tribunal set aside or .....

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..... while admitting the appeal, framed the following substantial questions of law for consideration :- 1) Whether the Tribunal is right in ignoring the description of goods in the Bill of Entry which has been certified by the importer (2nd respondent) to be correct by means of a statutory declaration? 2) Whether the Tribunal is right in allowing the appeal and setting aisde the order of conf .....

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..... confiscated the goods and imposed redemption fine of ₹ 3,00,000/- and penalty of ₹ 70,000/-. Aggrieved by the said order of the adjudicating authority, the assessee preferred appeal before the Commissioner (Appeals), who, by order dated 26.8.05 reduced the redemption fine from ₹ 3,00,000/- to ₹ 1,30,000/- and reduced the penalty from ₹ 70,000/- to ₹ 40,000/- .....

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..... 93, wherein for preferring an appeal, monetary limit is fixed and only if the monetary limit exceeds ₹ 2 Lakhs, appeal can be filed. Since the monetary limit in the present case, even as per the order of the Commissioner (Appeals) is well within the limit of ₹ 2 Lakhs, the present appeal, filed by the Department, is not maintainable. 5. Heard the learned standing counsel appearing f .....

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..... ppeal by the assessee, the Tribunal set aside the order of the Commissioner (Appeals).Therefore, it is very clear from the records that the monetary limit having been fixed at ₹ 2 Lakhs, even as per the order of the Commissioner (Appeals), the redemption fine and penalty being less than ₹ 2 Lakhs, the appeal is not maintainable. 8. The abovesaid circular issued by the Board is squar .....

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