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2010 (6) TMI 223 - CESTAT, AHMEDABADConfiscation and Redemption Fine - The present appeal stands filed by the Revenue against that part of the impugned order of Commissioner (Appeals) vide which he has set aside the redemption fine of Rs. 2.50 Lakhs, imposed by the Original Adjudicating Authority, by confiscating the short found goods, on the ground that in the absence of physical availability of the goods, these could not be confiscated and redemption fine could not be imposed. Held that- bond entered by 100% EOU at time of import not to be equated to bond for provisional release of seized goods in wich case redemption fine imposable even if goods were provisionally released. No seizure in instant case therefore confiscation cannot be ordered.
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