2007 (10) TMI 518

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e Appellant. Shri K.S. Reddy, JDR, for the Respondent. [Order per : S.L. Peeran, Member (J)]. -  This appeal arises from OIO No. 15/05 Adjn.Cus de novo dated 29-4-2004 by which the Commissioner of Customs has ordered for confiscation of machinery valued at Rs. 86,70,648/- and has fixed a redemption fine of Rs. 2 lakhs. The appellant's contention is that the show cause notice dated 10....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the Tribunal has clearly held that confiscation is not sustainable in the absence of notice to the appellants who are owners of the goods. Therefore, the order of confiscation and penalty has been set aside. In that case the Tribunal has relied on the judgments of Chiranika International v. Commissioner - 1999 (106) E.L.T. 175(T) and on the Apex Court judgments rendered in the case of Collector v.....