TMI Blog2006 (3) TMI 168X X X X Extracts X X X X X X X X Extracts X X X X ..... nt and Mr. Shyam Mehta, the learned Counsel for the respondent. 2. The following substantial questions of law arise in this appeal : (a) Whether on the facts and circumstances of the case and in law the CESTAT was justified in reducing the redemption fine imposed under Section 111(d), (f) and (n) of the Customs Act, 1962 to 30% of the CIF value of the goods without giving reasons and ig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsel appearing for the parties agreed that appeal may be disposed of at this stage itself. We find the prayer reasonable and, accordingly, decide the appeal here and now. 4. We considered the submissions of the learned senior counsel and the counsel. We also considered the order dated 18th July, 2005 passed by the Customs, Excise and Service Tax Appellate Tribunal, West Zonal Bench (for short, ' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the goods having been passed under Section 111(d), (f) and (n) of the Customs Act, 1962, if an option is given to redeem confiscated goods, the question of redemption fine and penalty shall depend on the facts and circumstances of each case. Isolated or repeated conduct of the petitioner is an important aspect that needs to be taken into consideration along with all other relevant factors justi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e parties agreed that the matter may be remitted back to the Tribunal for fresh consideration in accordance with law. 6. We, accordingly, quash and set aside the order dated 18th July, 2005 passed by the Tribunal. Appeal Nos. C-330/97 and C-9/98 are restored to the file of Customs, Excise and Service Tax Appellate Tribunal, West Zonal Bench, Mumbai. The parties are directed to appear before the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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