2018 (4) TMI 1434

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n, Advocate for assessee/importer Shri SR Nair, Enqui1Y Officer (AR) for Revenue Per: CJ Mathew Revenue is in appeal against order-in-original no. 48/2006/CAC/CC/KS dated 30th March 2007 of Commissioner of Customs (Adjudication), Mumbai which, while confirming demand of Rs. 15,20,555/- on m/s Tata Engineering and Locomotive Co Limited under section 28 of Customs Act, 1962, holding the goods val....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... principal ground on which Revenue has sought imposition of redemption fine are decisions of the Tribunal in Venus Enterprises v. Commissioner of Customs, Chennai [2006 (194) ELT 661 (Tri. Chennai)], Vibhuti Exports v. Commissioner of Customs, Mumbai [2006 (194) ELT 195 (Tri. Mumbai)] and commissioner of customs, Bangalore v. GM Exports [2006 (198) ELT 354 (Tri.Bang.)j, and of the Hon'ble Supr....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e made under this Act for carrying out the purposes of that Chapter have been contravened. for confiscating the goods. The Hon'ble Supreme Court in re Weston Components Limited has permitted the latitude for imposition of redemption fine under section 125 of the Customs Act, 1962, even when the goods are not available, if the import or export of the goods are covered by a bond that encompass....