2021 (3) TMI 1077

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....llant : Mr.A.P.Srinivas, SSC For the Respondent : Mr.J.Srinivasan ORDER Judgment was delivered by T. S. SIVAGNANAM, J We have elaborately heard Mr.A.P.Srinivas, learned Senior Standing Counsel appearing for the appellant and Mr.J.Srinivasan, learned counsel appearing for the first respondent. 2. This appeal, filed by the Revenue under Section 130 of the Customs Act, 1962 (for short,....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....authority to give an option for redeeming the goods on payment of fine, which is a discretion provided under the Act as held by the Hon'ble Supreme Court in 1998 (104) ELT 306?" 4. This is the second round of litigation before the Tribunal. The first respondent brought assorted foreign currencies equivalent to Indian Rs. 58,04,590/-. He was intercepted by the Air Intelligence Unit in Chenna....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n-Original dated 26.12.2007 was passed by the Adjudicating Authority, by which, the first respondent was permitted to redeem the foreign currencies on payment of Rs. 32 lakhs and a sum of Rs. 5 lakhs was imposed as penalty. 6. Once again, the first respondent approached the Tribunal by filing an appeal. The Tribunal, by the impugned order dated 30.3.2009, modified the order dated 26.12.2007 pas....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....evenue. 9. We would have taken note of the said decision rendered by us and its applicability to the facts of the case provided that there was no earlier direction issued by the Tribunal dated 30.8.2007 where there was a positive direction issued to the Adjudicating Authority to grant redemption of the foreign currencies on payment of reasonable redemption fine. The Adjudicating Authority passe....