TaxTMI 
TaxTMI 
TaxTMI 
2015 (11) TMI 763
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....erms and conditions indicated therein. They inter alia cover the imposition of fine. To that extent, the order reads as under: "The seized cars are held liable to confiscation under the provision invoked in the SCN. However, since the seized cars have already been provisionally released, the Bench orders a sum of Rs. 5,00,000/( Rupees five lakh only) to be paid in terms of the Bonds as fine in lieu of confiscation of the seized cars. An equivalent amount is ordered to be appropriated from the amount recovered from the residence of applicant no.2." The learned counsel appearing for the petitioner has submitted that this part of the order cannot be sustained because an equivalent amount is ordered to be appropriated from the amount recove....
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.... 4. We had also given time to Mr. Mishra so that complete file can be perused by him. The matter was, therefore, placed today and for admission and final disposal. 5. Today as well we have heard the parties and Mr. Mishra fairly conceded that there is no material in the possession of the authorities by which such a direction could be sustained. On whom fine should be imposed and should be directed to be paid is a matter which should not be clarified by this Court, is the submission of Mr. Kantawalla. If the matter is to go back to the Settlement Commission only for this limited purpose, then the request of the third respondent is that this Court should not make any observations nor render any conclusive findings. 6. What we have noted in ....
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.... in the import of cars and sports utility vehicles as well. The applicant No.1 informed that it is he who would arrange for sourcing the vehicles. That is how the matter was discussed and the willingness expressed. However, the order of the Settlement Commission and the proceedings before it refer to another deal by applicant No.2 and what we are concerned with really is not the version of the parties as noted by the Commission but after the Settlement Commission referred to all the records and reports, it purported to settle the matter and in the findings recorded the Settlement Commission had categorically observed that the residential premises of the present petitioner were searched and his statement was recorded by the Officers of the D....
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....ion that such a direction and with regard to imposition of fine cannot be sustained. In the facts and circumstances of the present case, therefore, to the extent noted by us, the order of the Settlement Commission is erroneous and illegal and the Settlement Commission clearly exceeded its jurisdiction in directing the appropriation and as observed above. 8. In the light of these conclusions, we allow the writ petition. We quash and set aside the order of the Settlement Commission to the limited extent of imposition of fine and the appropriation. The Settlement Commission shall now redetermine the extent of the fine to be imposed, if any, in accordance with law. While redetermining this aspect of the matter, the Settlement Commission shall ....