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2011 (5) TMI 449 - AT - CustomsDemand and penalty - Import of primary gold - Notification No.177/94-Cus. dated 21.10.1994 - Shortage of primary gold - whether 9% wastage on export of studded jewellery was taken into consideration while arriving at the shortage of the gold - The statement prepared at the time of verification is about total import of gold, total export, gold recovered from dust, gold in stock and the finding and mountings in stock - Taking into consideration this quantity, the shortage of 8971.11 grams was found - In the memo prepared in respect of stock taking there is no mention of 9% wastage which is provided under the Notification - Therefore, the impugned order is set aside and the matter is remanded to the adjudicating authority to decide afresh after taking into consideration the conditions of the Notification - Thus, the appeals are disposed of by way of remand.
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