2018 (1) TMI 126

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.... Shri A. P. Mathur (Advocate) - for Respondent ORDER Per: Anil Choudhary The issue in this appeal is whether the Learned Commissioner (Appeals) have rightly modified the order of absolute confiscation into order of confiscation with option to redeem on payment of redemption fine upholding the penalty imposed under Section 112 of the Customs Act. 2. The brief facts are that during th....

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....ved gold valuer who after examination certified that the strip was made up of Gold coated with Mercury. As per the Assayor Report, the recovered Gold Strip, weighing 962.500gms. in-toto, was valued at Rs. 30,17,437/-. 3. On reasonable belief of being illegally imported/smuggled in contravention of different provisions of Customs Act/Baggage Rules/FTP etc., the Department Officers seized said Go....

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....00gm valued at Rs. 30,17,437/- in absolute terms and further imposing penalty of Rs. 5 lakhs on the respondent under Section 112 the Customs Act and further penalty of Rs. 50,000/- was imposed upon the respondent under Section 114 AA of the Customs Act. 6. Being aggrieved the appellant preferred appeal before Learned Commissioner (Appeals) who vide the impugned order have been pleased to uphold....

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.... (Appeals) have observed that it is a case of improperly importing of gold -smuggling which calls for only confiscation and not absolute confiscation. Further, observing that the term absolute confiscation is not used in the entire Customs Act and as such the provisions mandate confiscation. Further, with reference to Section 125 of the Customs Act, the Learned Commissioner (Appeals) observed that....