2025 (2) TMI 434

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.... Standing Counsel. For the Respondent (through V.C.): Mr Mohammed Wasim Qureshi, Advocate. ORAL ORDER: (PER M. S. KARNIK, J) 1. Heard Ms. Asha Desai, learned counsel for the Applicant and Mr. Mohammed Qureshi, learned counsel for the Respondent. The appeal has been admitted on 17/10/2024 on the following substantial questions of law which reads thus:- (i) Whether on the facts ....

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....to May 2019? 2. In paragraph 8 of the impugned order dated 28/09/2023, the Appellate Tribunal has recorded thus:- 8. Consequently, it suffices for the purposes of law for the gold ornaments to be assessed and cleared in the manner prescribed in Customs Act, 1962. The goods are liable for confiscation owing to ineligibility as passenger. It is not the case of the appellant that confisca....

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....the option of redemption is granted upon payment of fine as gold ornaments are not restricted for import, confiscation without option to redeem which according to Appellate Tribunal is not valid exercise of authority under Section 125 of the Customs Act, 1962. 4. Learned counsel for the Applicant prayed that the order of the Appellate Tribunal needs to be stayed during the pendency of the appea....