COMMISSIONER OF CUSTOMS, KOLKATA vs. M/S. B. ARUN KUMAR & COMPANY
C.A. No.-006223-006223 - 2008Supreme Court22 Oct 2008
Bench: Cegat. The Revenue Also Moved Cross Appeal/Cross Objection Before The Tribunal. Pursuant To The Commissioner'S Order, The Assessee Deposited Rs.45,59,733/- In Cash. For The Balance Amount, Bank Guarantee Was Furnished. On 30Th April, 1990, The Tribunal Passed Order No.154-Cal/1990-154 Allowing The Assessee'S Appeal. By The Said Order, Revenue Was Directed To Refund The Redemption Fine & Penalty Within Thirty Days & In Default The Department Was Liable To Pay Interest At The Rate Of 12%. We Quote Hereinbelow The Operative Part Of The Order Passed By The Tribunal, Which Reads As Under: 1
Delay condoned.
Leave granted.
By Commissioner's Order dated 30th October, 1986, redemption fine of
Rs.85 lakhs and penalty of Rs.15 lakhs came to be imposed. Against the said order,
the assessee (respondent herein) filed an appeal before CEGAT. The Revenue also
moved cross appeal/cross objection before the Tribunal. Pursuant to the
Commissioner's order, the assessee deposited Rs.45
