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2016 (4) TMI 682 - CESTAT CHENNAI

2016 (4) TMI 682 - CESTAT CHENNAI - TMI - Confiscation as prohibited goods - Seizure of silver oak wood - Re-export allowed on payment of redemption fine and imposed penalty under Section 112(a)(i) of Customs Act, 1962 - Held that:- by following the ratio laid down by Apex Court in the case of Collector of Customs, Bombay Vs. Elephanta Oil and Industries Ltd. [2003 (1) TMI 108 - SUPREME COURT OF INDIA] and followed by Hon'ble High Court of Madras in the case of Chennai Marine Trading (P) Ltd. Vs .....

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tly in favour of appellant - Appeal No. C/42521/2014 - Final Order No. 40036/2016 - Dated:- 6-1-2016 - D. N. Panda, Member (J) For the Appellant : Mr Hari Radhakrishnan, Adv For the Respondent : Mr R Subramanian, AC (AR) ORDER Seizure of the silver oak wood is undeniable. The seizure resulted in confiscation holding that to be prohibited goods. However, learned adjudicating authority has allowed re-export of the said goods on payment of redemption fine of Rs. One lakh. He has also imposed penalt .....

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or of Customs - 1999 (113) ELT 776 (SC). 3. In respect of the penalty, the argument of the appellant is that section 112(a)(i) of Customs Act, 1962 imposes penalty in the case of goods which are prohibited in nature. When the goods are re-exported, such penalty is not imposable. 4. Revenue supports the adjudication. 5. Heard both sides and perused the records. 6. Law is well settled by Apex Court in the case of Collector of Customs, Bombay Vs. Elephanta Oil and Industries Ltd. - 2003 (152) ELT 2 .....

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