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2016 (10) TMI 297 - MADRAS HIGH COURT

2016 (10) TMI 297 - MADRAS HIGH COURT - TMI - Implementation of order passed by Commissioner of Customs (Appeals) dated 30.06.2015 - redemption fine imposed ₹ 2,50,000/-, subsequently reduced to ₹ 1,50,000/- confiscation of gold from a Indian citizen - assorted gold jewellery - 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 implement the order passed .....

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ase 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.24967 of 2016 & WMP No.21336 of 2016 - Dated:- 12-9-2016 - T. S. Sivagnanam, J. For the Petitioner : Mr. B. Satish Sundar For the Respondents : Mrs. R. Hemalatha ORDER Heard Mr.B.Satish Sundar, learned counsel for t .....

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and failed to declare the same to the Customs. Hence, a show cause notice dated 30.01.2014, was issued, calling upon the petitioner to show cause as to why the seized three gold bars totally weighing 410 gms of gold jewellary should not be confiscated under the Customs Act, 1962 read with Foreign Trade (Development and Regulation) Act, 1992 and as to why penalty should not be imposed on him and asked him to give explanation accompanied with all evidence, documentary or otherwise within fifteen d .....

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posed was commensurate to the offence committed, however, rejected the appeal preferred by the Revenue. 5. The learned counsel for the petitioner submitted that the respondent Department filed a Revision dated 04.11.2015 as against the orders of the Commissioner of Customs (Appeals-I) and consequently, a show cause notice dated 29.01.2016, 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 Applicati .....

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