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2011 (4) TMI 1169 - CESTAT, MUMBAIConfiscation – penalty – remission of fine - held that:- there is no dispute that these goods had not been accounted. Once it has been admitted that the goods which were required to be accounted were not accounted, they are liable to confiscation. Undervaluation of goods - held that:- In the absence of any documentary evidence, the contradictory statements given by the three partners cannot be relied upon for the purpose of under-valuation and rejection for purpose of manufacture of Sequester-50. Since the statements are clearly wrong as far as Sequester-50 is concerned, it would not be proper to confirm the allegation of under-valuation on the basis of these statements. Therefore, the confirmation of demand on the ground of under-valuation cannot be sustained. Confiscation upheld - set aside the impugned order as far as demand for duty, interest thereon and penalty related to that portion imposed on all the appellants. The matter is to be remanded to the original adjudicating authority to decide the quantum of redemption fine and the quantum of penalty on the appellants only as far as the confiscated goods and the gravity of offence in relation to confiscated goods.
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