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Liaquat Ali Hameed vs Commissioner Of Customs on 27 June, 2003 cites

Collector Of Customs, Bombay vs M/S Elephanta Oil And Industries Ltd., ... on 31 January, 2003

5. Shri P. Devaludu, learned JDR appeared for the Revenue and submitted that the appellant was indulging in organized smuggling of foreign goods into the Country and initially, he made a false declaration that the value of the goods brought by him was only for Rs. 1,53,000/- whereas even according to his own calculation, the total value of the goods brought by him is approximately Rs. 20,00,000/-, though according to the valuation adopted by the department, it comes to Rs. 24,21,700/- as detailed under para 3 of the impugned order. He has also invited our attention to the judgment of the Hon'ble Supreme Court in the case of CC, Bombay v. Elephanta Oil and Industries Ltd. reported in 2003 (152) E.L.T. 257 (S.C.) wherein the Apex Court has ruled that confiscation of the goods and thereafter permitting the importer to re-export the same would not mean that penalty under Section 112 of the Customs Act, 1962 cannot be levied. It was also held therein that power to levy penalty under Section 112 ibid for importation of the goods is different from the power of confiscation of goods under Section 125 ibid and giving an option to pay in lieu of confiscation such fine as the authority thinks fit. He, therefore, prayed upholding the impugned order and dismissal of the appeal.
Supreme Court of India Cites 14 - Cited by 27 - Full Document
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