https://www.taxtmi.com/caselaws?id=102313 Penalty under Section 112 of the Customs Act is prima facie independent of the availability of goods for confiscation, but it is not a substitute for redemption fine under Section 125. Where the Commissioner imposed an amount expressly stated to be "in lieu of confiscation" and also levied a separate penalty on the importer, treating the penalty as replacing the redemption fine was regarded as prima facie not acceptable in law. On that basis, deposit of the remaining penalty was waived and recovery was stayed. en-us Wed, 21 Nov 2001 00:00:00 +0530 Tue, 14 Feb 2012 14:29:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=102313 Penalty under Section 112 of the Customs Act is prima facie independent of the availability of goods for confiscation, but it is not a substitute for redemption fine under Section 125. Where the Commissioner imposed an amount expressly stated to be "in lieu of confiscation" and also levied a separate penalty on the importer, treating the penalty as replacing the redemption fine was regarded as prima facie not acceptable in law. On that basis, deposit of the remaining penalty was waived and recovery was stayed. Case-Laws Customs Wed, 21 Nov 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=102313