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of <h1>CESTAT Kolkata Upholds Confiscation of Goods with Reduced Penalties and Fines</h1> <h3>DHANUSH SHAH Versus COMMISSIONER OF CUSTOMS, PATNA</h3> DHANUSH SHAH Versus COMMISSIONER OF CUSTOMS, PATNA - 2018 (363) E.L.T. 898 (Tri. - Kolkata) Issues: Illegal export of goods to Nepal, Confiscation of goods and vehicle, Redemption fine, Imposition of penaltyIn the judgment delivered by the Appellate Tribunal CESTAT KOLKATA, the case involved the interception of a vehicle carrying Indian clothes for illegal export to Nepal through an unauthorized route. The investigation revealed that the goods were being exported to evade duty levied by the Nepal Government. The consignment was confiscated, and redemption fines were imposed on the goods and the vehicle. Penalties were also imposed on individuals involved in the illegal export.The Tribunal found that the illegal export of Indian clothes to Nepal was established and not denied by the appellants. While acknowledging that there was no Customs duty evasion in India, the Tribunal upheld the confiscation of the goods but reduced the redemption fine from Rs. 8.00 lakhs to Rs. 4.00 lakhs.Regarding the seizure of the vehicle, the Tribunal noted the lack of evidence showing the owner or driver's knowledge of the illegal export. Despite this, the vehicle was liable for confiscation due to its involvement in the illegal export. Considering the illiteracy of the owner or driver, the redemption fine was reduced from Rs. 1.25 lakhs to Rs. 25,000.In the case of the carrier, Shri Dhanush Shah, who admitted involvement in the illegal export, a penalty was imposed. However, considering that he was not the exporter himself, the penalty was reduced from Rs. 1.00 lakh to Rs. 50,000.For other individuals, such as the driver/owner of the vehicle and the shop proprietors, no evidence connected them to the illegal export. Therefore, the penalties imposed on them were set aside as there was no justification for their imposition.Ultimately, the Tribunal disposed of all the appeals by confirming the confiscation of goods with reduced fines, reducing the vehicle's redemption fine, and lowering the penalty imposed on the carrier while setting aside penalties on other individuals not connected to the illegal export.
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