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2010 (3) TMI 365 - CESTAT, NEW DELHIConfiscation of goods- Show cause notices were issued to the importer companies, the Directors/persons incharge of the importer companies, Shri Manoj Shah, Shri Bipin Shah, Shri Vishwanath Jalan and Shri Gautam Chatterjee for demand of duty from the importer companies with interest, confiscation of the goods imported against RAs issued against forged advance licences and for imposition of penalty under Section 112 on the importers and other persons involved. Held that- declaration of importers in bills of entry was one which they knew were false. This was in contravention of Rule 14 of Foreign Trade (Regulation) Rules, 1993 read with section 11(1) of Foreign Trade (Development & Regulation) Act, 1992, which rendered goods liable for confiscation under Section 111(d) of Customs Act, 1962. The former was not liable to fine whereas in latter case fine was imposable under section 125 of Custom Act, 1962.
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