=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION CUSTOMS CUSTOMS CUSTOMS APPLICATION APPLICATION APPLICATION NO.36 OF 2002 NO.36 OF 2002 NO.36 OF 2002 The Commissioner of Customs, Jawahar Custom House, Nhava Sheva ...Applicant v/s Aakash Stone Industries Ltd., Vile Parle (East), Mumbai ...Respondents Mr R.V. Desai with Mr A.S. Rao and Mr K.R. Chaudhary for Applicant. Mr Brijesh Pathak with Mr S.N. Kantawala and Mr Vinod Kothari for Respondents. CORAM CORAM CORAM : D.K. DESHMUKH AND J.P. DEVADHAR JJ. : D.K. DESHMUKH AND J.P. DEVADHAR JJ. : D.K. DESHMUKH AND J.P. DEVADHAR JJ. DATE DATE DATE : 7TH OCTOBER 2008 7TH OCTOBER 2008 7TH OCTOBER 2008 =2= P.C.- 1. In this application, the Commissioner of Customs as raised following two questions :- "(A) Whether on the facts and in the circumstances of the case, the Tribunal was right in law in reducing the redemption fine imposed u/s 125 of the Customs Act 1962 from Rs.41,70,000/- to Rs.30,00,000/- and penalty imposed u/s 112(a) from Rs.22,20,000/- to Rs.7,50,000/- in Appeal No.C/89/02002-Mum. ? (B) Whether on the facts and in the circumstances of the case, the Tribunal was right in law in intervening with the redemption fine of Rs.41,70,000/- imposed under section 125 by the Commissioner of Customs, Jawahar Custom House, Nhava Sheva and reducing it to Rs.30,00,000/- and with the penalty of Rs.22,20,000/- imposed under section 112(a) by the Commissioner of Customs, =3= Jawahar Custom House, Nhava Sheva and reducing it to Rs.7,50,000/- without examining the facts of the case ?" . The learned counsel for both the sides agree that the aforesaid questions are answered against the revenue by the decision of this Court in the case of Commissioner of Customs, Nhava Sheva v/s Marmo Classic, reported in 2003 (156) ELT 14 (Bom). The questions raised in this application do not survive for consideration. Hence rule is discharged with no order as to costs. . Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of the Court. . Certified copy is expedited. ( D.K. DESHMUKH J.) ( J.P. DEVADHAR J.)