S. Kalyanam, Member (T)

1. Appeal under Section 81 of the Gold (Control) Act, 1968 praying that in the circumstances stated therein, the Tribunal will be pleased to set aside the order of the Collector of Central Excise and Customs, Madurai, dated 29-10-1980 in C. No. XVII/8/10/80 GC. 2.

2. This appeal coming up for orders upon perusing the records and upon hearing the arguments of Shri K. A. Jabbar, Advocate, for the appellant and upon hearing the arguments of Shri J.M.K. Sekhar, Senior Departmental Representative for the respondent, the Tribunal makes the following Order :

3. The appeal filed before the Gold Control Administrator against the order of the Collector of Central Excise and Customs, Madurai, referred to supra, has been transferred to the Tribunal in terms of Section 82K of the Gold (Control) Act, 1968 for being disposed of as an appeal.

4. This is an appeal against the order of the Collector of Central Excise and Customs, Madurai, imposing a redemption fine of Rs. 40,000/- under Section 73 in lieu of confiscation of 2513.550 gms. of primary gold, and gold ornaments new and old, besides imposition of a penalty of Rs. 10,000/- on the appellant under Section 74 of the A