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2011 (5) TMI 393 - AT - CustomsApplication for Rectification of mistake - the ground that the order directing release of gold on fine and penalty was not at all possible at that stage, as the gold has been disposed of. The prayer therefore, is for direction to return the sale proceeds of the gold after realization of duty, fine and penalty - held that:- there is no error apparent on record’of Tribunal’s Final Order which has only reduced the penalty on him. - the claim of the respondents that they should be given back the entire sale proceeds without deducting the duty amount is unreasonable, contrary to the specific provisions of Section 125(2) of the Customs Act, 1962 as well as the scheme of Customs Law which requires duty to be recovered for all imported goods taken for domestic consumption. - Application rejected
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