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2020 (1) TMI 846

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..... ld not take away the power of the customs authorities to levy redemption fine. However, tribunal has recorded that, It is also on record that the goods were not physically available for confiscation. Redemption fine was not to be imposed in lieu of confiscation of any goods where the goods are not physically available to be redeemed. The learned Tribunal has erred in holding that the cit .....

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..... raman JUDGMENT VINEET KOTHARI, J. The only limited point pressed by the learned counsel for the Appellant/Revenue before us in the present case is that the learned Tribunal in its impugned order dated 4.10.2007, has wrongly held in paragraph 6 of the order that the redemption fine cannot be imposed by the Revenue Authority under Section 125 .....

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..... the appellant executing a bond. Under these circumstances if subsequently it is found that the import was not valid or that there was any other irregularity which would entitle the customs authorities to confiscate the said goods, then the mere fact that the goods were released on the bond being executed would not take away the power of the customs authorities to levy redemption fine. .....

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..... d Tribunal as quoted above that the learned Tribunal has erred in holding that the cited case of the Hon'ble Supreme court in the case of Weston Components, referred to above is distinguishable. This observation written by hand by the learned Members of the Tribunal, bearing their initials, appears to be made without giving any reasons and details. The said observation of .....

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