Case Law Details
M/s. O.M.S. Sivajothi Mills Vs Commissioner of Customs (CESTAT Chennai)
CESTAT Chennai has held that redemption fine under Section 125 of the Customs Act, 1962 is an option in lieu of confiscation and hence, both (confiscation and redemption fine) cannot run simultaneously. It observed that when the order on confiscation remained unchallenged, and when even the exporter offered to willingly accept back the consignment, there cannot be any question of redemption fine. The Tribunal also held that penalty under Section 112(a) was imposable as mere importation rendering goods liable to confiscation, was sufficient to attract penalty.
FULL TEXT OF THE CESTAT JUDGEMENT
When the matter was taken up for hearing, Shri. A.K. Jayaraj, Ld. Advocate, appeared for the assessee and Shri. M. Jagan Babu, Ld. AR, appeared for the Revenue.
2.1 The contentions of the Ld. Advocate for the assessee are summarized as under :
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