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2011 (8) TMI 117 - CESTAT, MUMBAIDemand - this is a fact that the consignment belonging to M/s. Balu India covered under shipping bill 6884292 dated 3,12,08 which was destined to Port Aqaba was stuffed in the container without examination done by the customs authorities and without Let Export Order - Since the goods were loaded and taken out of India without permission of the proper officer, the goods are liable for confiscation under Sec.113(g) of the Customs Act - Decided against the assessee Regarding penalty - there was no mala fide on the part of the appellants, no penalty is imposable on them for technical breach of the provisions of the Customs Act, - Decided against the assessee
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