SURESH GANGARAM HOLE Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) Heard. This appeal under Section 130 of the Customs Act (Act) challenges the order dated 15th Jan., 2015 passed by the Customs, Excise and Service Tax Appellate Tribunal (Tribunal) [2015 (327) E.L.T. 555 (Tri-Mum.)]. The impugned order dated 15th Jan., 2015 while upholding the penalty under Sec. 114 (i) of the Act reduced the quantum from Rs. 50 lakhs to Rs. 5 lakhs.

(2.) The appellant urges the following questions of law for our consideration :-

(3.) The brief facts leading to the filing of this appeal are that the appellant was intercepted by the Air Customs Intelligence Unit at Mumbai Airport on 8th Jan., 2006 while he was proceeding for security check after clearance by the immigration and the Customs authorities which resulted in recovery of foreign currency equivalent to Rs. 1.59 crores. This led to proceeding against the appellant as well as the persons (Mr. Rajendra Bhutada and Smt. Bharti Bhutada), who had allegedly supplied the foreign currency to the appellant for carrying abroad. The Commissioner of Customs by order dated 22nd July, 2011 confiscated the foreign currency being prohibited goods under Sec. 113(d) and (h) of the Act and imposed penalty of Rs. 1.25 crores on Mr. Rajendra Bhutada, Rs. 25 lakhs on Smt. Bharti Bhutada and Rs. 50 lakhs upon the appellant herein.