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TMI Blog2008 (2) TMI 160X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 of the ld. Commissioner. 2. This is second round of litigation and in the first round of litigation, the adjudicating authority had absolutely confiscated the Sandalwood oil. The majority decision has set aside the absolute confiscation and directed the adjudicating authority to quantify redemption fine. No other issue arises in this case. 3. The ld. Counsel appearing on behalf of the appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is his submission that despite this the imposition of redemption fine of Rs. 5 lakhs is justifiable as the value of the consignment at the time of seizure of Rs. 25.0 lakhs, and there was mis-declaration hence matter be remanded back to lower authorities. 5. The ld. Counsel submits that the appeal is filed by the appellant, hence there is no need to remanding the matter back to the lower authori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of redemption fine in respect of confiscated goods. I find that as per the show cause notice, the value of the consignment in question was Rs. 25,23,750/- (LMV). Section 125(1) of the Customs Act, 1962 provides as below :- "Whenever confiscation on any goods is authorized by this Act, the officer adjudicating it may, in the case of any goods, the importation or exportation whereof is prohibited ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lakhs and further the value of the goods had depreciated. Taking into consideration various aspects. I fix the fine in lieu of confiscation at Rs. 5,00,000/- (Rs. Five lakhs only)'. It can be seen from the above reproduced portion of the order of adjudicating authority that he has correctly highlighted the limited question for which the matter was remanded, it can be also noted from the above r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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