2000 (2) TMI 339

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....pondents. [Order per : C.N.B. Nair, Member (T)]. -  The impugned order has confiscated two export consignments of readymade garments for contravening the provisions of Section 50 read with Section 76 of the Customs Act, 1962. The confiscation has been ordered under Sections 113(d) and (i) [presumably 113(h)(ii)] of the Customs Act. A redemption fine of Rs. 1,26,000/- was imposed to re-claim....

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.... goods and the export may be allowed. 3. It has been submitted before us that there was no misdeclaration of export value. The exporter has since realised full value of the consignment as declared. Certificate of foreign exchange realisation, dated 17-2-2000 from Bank of Baroda was made available during the hearing. It was also submitted that the appellants never admitted the over-valuation ....

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....of 15% of the value of the goods. At the declared value, it works out to Rs. 6/- per piece. The price of the goods even according to the market enquiry of the Customs is Rs. 20/- to Rs. 22/-. So, this Section is clearly not attracted. With reference to Section 113, we find that this Section relates to confiscation of export goods and states that any goods attempted to be exported or brought within....