2014 (10) TMI 267

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.... the Respondent. JUDGMENT The Revenue has preferred this appeal against the order passed by the Tribunal reducing redemption fine as well as penalty imposed by the adjudicating authority. 2. The assessee was carrying with him US $ 21,800. He was intercepted while he was boarding Flight UL 172 on 25-3-2004 Kuwait via Colombo. The US dollars were found in his possession. It was illegal....

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..... Even the imposition of penalty was also upheld. However, he was of the view that absolute confiscation is very harsh and therefore, in his opinion the confiscated currency could be released with redemption fine. Accordingly, he upheld the order of confiscation and penalty but directed release of the currency on payment of redemption fine of Rs. 6,00,000/-. 4. The said order was challenge....

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....is clear from the order of the Tribunal, the assessee did not contest the case on merits. He only wanted reduction of the redemption fine. The Appellate Commissioner who passed an order for redemption of the confiscated currency in his order has stated in the light of the case law cited by the assessee in favour of release of seized currencies on redemption fine, he was inclined to agree with thei....

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.... authorities. Even the assessee did not contest those finding of fact, it is thereafter he has passed an order of confiscation and also imposed penalty. Such a well considered order cannot be interfered with by the higher authorities even though they have the power to modify or vary such orders, without assigning any reasons. In that view of tin matter, the approach of the higher authorities are w....