Appeal allowed only on penalty; Rs.11,000 fine paid instead of confiscation set aside and refunded

The SC allowed the appeal limited to the question of penalty and fine paid in lieu of confiscation. Noting the Tribunal had already set aside the penalty and there was a misapprehension regarding further sanction, the Court set aside the fine of Rs. 11,000 levied in lieu of confiscation and directed that the amount, if paid, be refunded. No order as to costs.

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The appeal was admitted limited to the question of "penalty and fine paid in lieu of confiscation." The Tribunal had already "set aside" the penalty, creating a misapprehension as to further sanction. The fine in lieu of confiscation was Rs. 11,000. Having heard Counsel, the Court held that, "in the circumstances, that fine in lieu of confiscation must be set aside and the amount, if paid, should be returned." The appeal was allowed accordingly. No order as to costs.

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