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2014 (4) TMI 422 - CESTAT MUMBAIExemption – export of dyed printed fabric made from 100% polyester filament yarn under DEPB scheme - Mis-declaration in quantity of the goods – Confiscation and redemption of fine - Held that:- Goods were found to be 20% less than what was declared - Since the quantity of goods being exported was mis-declared, the goods are liable to confiscation and redemption fine is imposable – In the present case, the goods were very much available at the time of export and in fact were released only after payment of redemption fine - The law does not stipulate that only the differential quantity which has been mis-declared is to be confiscated - Once there is a mis-declaration with respect to the quantity, the entire consignment is liable to be confiscated - However, the benefit that would have accrued to the appellant would have been approximately ₹ 1.07 lakhs and in view of this position, redemption fine and penalty imposed are on the higher side - Accordingly, redemption fine reduced to ₹ 1,50,000/- (Rupees one lakh fifty thousand only) and penalty to ₹ 1,07,000/- (Rupees one lakhs seven thousand) – Decided partly in favour of assessee.
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