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2010 (11) TMI 909 - CESTAT MUMBAIImposition of redemption fine on importer - no Let Export Orders were given in respect of these three consignments prior to loading of the consignments on the ship. Such orders were only taken on the next day - Held that: - Since the exporters were no way involved in the prior shipment of the cargo and no other contravention in relation to the exported goods has been brought out and further, the goods are also not available for confiscation, we find no reason for imposition of the redemption fine and therefore, order of confiscation and imposition of redemption fine are set aside. Imposition of penalty on CHA - Held that: - It appears that they had not instructed the shipping agent to ship the goods on the vessel ALPS on a prior date which happened to be a holiday i.e. Sunday. They were waiting to get the let export order which they got on the next working day, as they were under the impression that the concerned vessels would be sailing only subsequent to that date as per the dates notified by the shipping agents. Hence, we find that the contravention of loading the impugned containers without let export order cannot be attributed to the appellant CHA - penalty set aside. Appeal allowed - decided in favor of appellant.
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