TaxTMI 
TaxTMI 
2023 (5) TMI 674
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.... a chequered and interesting history. On 22.04.1992, Room No.58 in Dasaprakash Hotel was searched by the officers of the Customs Department. It was found under occupation of the petitioner and some other persons. The officers seized two long packets covered with clinical plaster that had been concealed in a reaper fixed on to the front legs of a cushioned sofa. 3. Upon opening the packets, six gold biscuits with foreign markings were recovered. Additionally, three packets covered with insulation tape had been found from the bathroom and upon opening the same, two gold biscuits with foreign markings in one packet and four gold biscuits with foreign markings in the other two packets were recovered. 4. Upon questioning at the spot, the p....
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....ls), modified the order-in-original. He was of the view that the petitioner must be permitted to redeem the goods upon payment of fine. 7. For determining the redemption fine, he valued the 22 gold biscuits at a sum of Rs.37,76,962.50/- being the market value at the time of passing of appellate order dated 29.04.2009 and permitted redemption of fine of Rs.15,00,000/- under Section 125 of the Act. The petitioner challenged the order further in appeal before the Customs Excise and Service Tax Appellate Tribunal ('Tribunal'). 8. Pending appeal, the petitioner made a request for redemption of the confiscated gold and the Assistant Commissioner vide communication dated 24/31.07.2015 computed the duty liability that would arise in t....
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....te of duty and tariff valuation, if any, applicable to any imported goods, shall be the rate and valuation in force- (a) in the case of goods entered for home consumption under section 46, on the date on which a bill of entry in respect of such goods is presented under that section; (b) in the case of goods cleared from a warehouse under section 68, on the date on which [a bill of entry for home consumption in respect of such goods is presented under that section] (c) in the case of any other goods, on the date of payment of duty;" 10. Since the goods in question have neither been imported for home-consumption under Section 46 nor cleared from warehouse under Section 68 but constitute smuggled goods, the office....
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....ice to the provisions of the proviso to sub-section 2 of Section 115, such fine shall not exceed the market price of the goods confiscated, less in the goods of market goods the duty chargeable thereof'. 15. To be noted, that the entirety of the litigation preferred by the petitioner emanating from Order-in-Original dated 11.01.1994 upto the order in CMA dated 19.09.2018 touch only upon the aspect of redemption fine. There is no dispute in this regard and the petitioner has not produced any material, including grounds of appeal, though specifically called for, to establish that valuation for the purposes of duty determination was ever in question. Thus, and to clarify, the determination of duty under order dated 23.07.2015 was admitt....