SVLDRS 2019: ‘Redemption fine’ is a kind or type of ‘penalty’

Jay Shree Industries Vs Union of India (Allahabad High Court) Whether ‘redemption fine’ falls within the meaning of the word ‘penalty’ used in section 129 of the Scheme, we find neither word has been defined under the Scheme or the Rules framed thereunder or the principal Act, namely the Central Excise Act, 1944. Indisputably, the ‘redemption fine’ imposed on the petitioner was payable in lieu of ‘confiscation’. As to ‘confiscation’, historically, under the Roman Law, it was an act or desire of taking into hands of the Emperor and, to transfer it to the imperial tre...