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2016 (10) TMI 296 - MADRAS HIGH COURT

2016 (10) TMI 296 - MADRAS HIGH COURT - TMI - Implementation of order passed by Commissioner of Customs (Appeals) dated 23.12.2015 - redemption fine reduced to ₹ 13,00,000/- and penalty reduced from ₹ 6,00,000/- to ₹ 1,50,000/- imposed on confiscation of gold bars from a Singapore citizen - no stay obtained by the Department to implement the order - Held that: - as on date there is no order of stay granted by the Revisional Authority. Therefore, the Department bound to implemen .....

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000/- and the reduced penalty of ₹ 1,50,000/- and such release shall be only for re-export and not for clearance. The petitioner shall also file a bond securing the interest of Revenue, in the event they succeed before the Revisional Authority. - petition allowed - decided in favor of Department on fulfilling specified requirements. - W.P.No.24966 of 2016 & WMP No.21335 of 2016 - Dated:- 12-9-2016 - T. S. Sivagnanam, J. For the Petitioner : Mr. B. Satish Sundar For the Respondents : Mrs. R .....

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e had brought 1000 gms of gold bars and failed to declare the same to the Customs. Hence, a show cause notice dated 21.10.2014, was issued, calling upon the petitioner to show cause as to why the gold bars weighing 1000 gms (10 in Nos.), should not be confiscated under the Customs Act and as to why penalty should not be imposed on her and asked her to give explanation accompanied with all evidence, documentary or otherwise within fifteen days from the date of receipt of the notice, which ultimat .....

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referred by the Revenue. 5. The learned counsel for the petitioner submitted that the respondent Department filed a Revision dated 03.03.2016 as against the orders of the Commissioner of Customs (Appeals-I) and consequently, a show cause notice dated 16.5.2016, has been issued to the petitioner as to why the order-in-original should not be annulled. The learned counsel further submits that the said Revision Application is not maintainable and the Department has not obtained any stay in the Revis .....

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