provisions were deliberately flouted' as in his view the redemption fine imposed in lieu of confiscation of the impugned goods was sufficient to meet ... appeals insofar as the order in regard to the redemption fine was concerned. The judgment of the High, Court is .
2. Against the judgment
penalty under Section 129 of the GST Acts as
well as redemption fine in lieu of confiscation equal to
the value of goods under Section ... there being any allegation of evasion of tax
and demanding maximum redemption fine equal to the
value of goods is wholly without jurisdiction, arbitrary
Adjudicating Authority allows
release of goods on payment of redemption fine........................................26
Immediate sequels to the orders-in-original................................................31
1
The order dated ... Adjudicating
Authority, the importers made certain payments towards customs duty,
redemption fine and penalty and obtained out of charge7; and some of the
consignments were
given an option to
redeem the confiscated goods on payment of redemption fine, which was
3
fixed, adopting the margin of profit as the basis ... 2002 dated 30th
January, 2002), and therefore, the redemption fine and penalty was reduced
to 20% and 5% of the CIF value respectively.
6. Being
deleting the addition of Rs. 1,30,000 paid as redemption fine to the Customs department, which is in violation of law and also erred ... dated 24-8-1994, that the firm had paid redemption fine of Rs. 1,30,000 along with personal penalty
Further an amount of Rs. 1,00,000/- was ordered as redemption fine and a penalty of Rs. 1,57,511/- was imposed ... goods with the Customs and Excise Department, Hong Kong.
(2) no redemption fine could have been imposed in this case as the goods were
Section 129-D(4) of the Customs Act 'for imposing redemption fine in lieu of confiscation proportionate to the margin of profit and also ... Customs Act, the Collector, as an adjudicating authority, could impose redemption fine. But in the present case the Collector recorded his reasons for taking
clear the goods on
payment of redemption fine of Rs.50,000. The appellants
appealed to the Central Board of Excise and Customs which
sustained ... order of confiscation but reduced the
redemption fine to Rs.20,000 and also directed that the
goods be released after they were mutilated
Collector of Customs (Kandla Port) and he imposed a redemption fine of Rs. 5 crores against the petitioners on the assumption that the imported goods ... goods and release the same to the petitioners by imposing redemption fine. As regards the question of quantum of redemption fine the High Court directed
have now agreed that waiver of fine is allowed
under the Scheme, such fine can only be redemption fine
imposed or imposable under section ... which may be
punishable with imprisonment and fine or imprisonment or
fine. Thus, the question of imposing fine arises only upon
conviction for an offence