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2016 (10) TMI 295

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..... demption fine and penalty imposed justified? - Held that: - redemption fine of ₹ 1,70,000/- is imposed, as contained in Ext.P9 order, but the personal penalty imposed shall stand reduced to ₹ 50,000/-. The excess amount, if any paid by the petitioner pursuant to the orders impugned in the writ petition, shall be refunded to the petitioner within a period of two months - petition dispos .....

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..... as returning to Muscat, and passing through the security check at the Cochin Airport, the customs authorities queried him as to whether he was carrying any foreign currency, to which he declared that he was carrying US $ 6500. The customs officer, however, found that he was carrying 6500 US $ and 2560 Oman Riyal, the total value of which, in Indian Rupees, was ₹ 5,81,780/-. Inasmuch as the b .....

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..... petitioner, therefore preferred a revision application before the Government of India. By Ext.P9 order, the revision authority reduced the redemption fine further to ₹ 1,70,000/- and, stating that the personal penalty imposed was on the higher side fixed the personal penalty as ₹ 1,20,000/-, which incidentally is higher than the penalty of ₹ 1,05,000/- that was imposed by the low .....

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..... require any interference by this Court in these proceedings under Article 226 of the Constitution of India. As regards the personal penalty imposed on the petitioner, however, I find that the revision authority, while holding that the penalty imposed by the lower authority was on the higher side, and proposing to reduce the same, inadvertently fixed the personal penalty amount at ₹ 1,20,000 .....

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