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2014 (11) TMI 112 - AT - CustomsMisdeclaration of goods - Confiscation of goods - Held that:- Larger Bench of this Tribunal in the case of Shiv Kripa Ispat Pvt. Ltd. vs. Commissioner of Central Excise, Nasik – [2009 (1) TMI 124 - CESTAT MUMBAI] held that if the goods were allowed to be exported without executing any bond or the goods are not available for confiscation, in that situation redemption fine cannot be imposed. Admittedly, in this case, despite repeated letters the Revenue has failed to produce the evidence as to whether the subject-goods were cleared for export under bond. Therefore, I come to the conclusion that the goods in question were allowed to be cleared for export without furnishing any bond. In these circumstances, although the goods are liable for confiscation, no redemption fine can be imposed in the light of the decision in the case of Shiv Kripa Ispat Pvt. Ltd. (supra). In view of the above, the redemption fine is set aside - Decided in favour of assessee.
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