2018 (11) TMI 534

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....missioner of Customs (hereinafter referred to as the applicant) against the Commissioner (Appeals)'s Order No. CC (A)CUS/Airport/162/2016, dated 31-3-2016 whereby the order of the Additional Commissioner of Customs, New Delhi, confiscating absolutely the foreign currency equivalent to Rs. 65,02,815/- and imposing a penalty of Rs. 13 lakhs on the respondent has been modified to the extent that the ....

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....ny hearing in the matter. 3. The Government has examined the matter and found that the revision application has been filed mainly on the ground that the Commissioner (Appeals) has erred by allowing the redemption of the absolutely confiscated foreign currency which are prohibited goods, by imposing small redemption fine of Rs. 2 Lakhs only and by drastically reducing the personal penalty o....

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....er. The Government also finds that the above Section does not place a complete ban on allowing the redemption of even prohibited goods and redemption of such foreign currencies has been allowed in several case in past also by the Government as well as various Courts for which some of the examples are available in the case laws relied upon by the Commissioner (Appeals) in his order. Therefore, the ....

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.... foreign country in contravention of Section 77 of the Customs Act, 1962. The Commissioner (Appeals) has overlooked these relevant facts while imposing redemption fine and reducing the penalty from Rs. 13 Lakhs to Rs. 2 Lakhs. Above all, he has not assigned any reason for doing so. Therefore, considering the serious nature of the offence committed by the respondent, the Government accepts the reve....