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2011 (5) TMI 709 - AT - CustomsConfiscation - merely because an assessee could not fulfill the export obligation, goods do not become automatically liable to confiscation - violation of conditions which would attract the provisions of Section 111(o) appear to be cases where there is diversion of goods or misutilisation of goods etc - no confiscation is warranted - quantum of depreciation is required to be determined - confiscation set aside and penalty, the matter is remanded to the original adjudicating authority
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