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2011 (3) TMI 482 - HC - CustomsClassification - Duty free reple-nishment (DFRC) Scheme - During the course of investigation, the appellant-exporter sent a communication addressed to the Commissioner of Customs intimating that their staff had discharged a wrong consignment and sought permission to re-export all the goods - it is held prima facie they are satisfied that there is no collusion and the department has verified the consignment and collected the duty payable - The appeal is remanded to the Tribunal to be heard along with the Customs appeal No. 411/2009 filed by the importer after taking note of the judgment of the Full Bench of the Tribunal as well as the judgments of the Apex Court in accordance with law - Appeal is allowed by way of remand to Tribunal
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