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2001 (6) TMI 269

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..... er per : Archana Wadhwa, Member (J)]. The prayer in the application is for dispensing with the condition of pre-deposit of duty amount of Rs. 16,36,750/- and an equivalent amount of personal penalty imposed upon the appellant under the provision of Section 112 of the Customs Act, 1962 and another quantum of personal penalty of Rs. 5 lakhs imposed in lieu of redemption fine by the Commissione .....

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..... xport obligation. Nothing was heard from the DRI. Subsequently, they exported the final product under another advance licence against which no imports were made earlier and the Director-General of Foreign Trade (DGFT) was approached for clubbing of the two licences. She submits that the matter is still pending before the Jt. DGFT as is evident from the letter dated 25-1-2001. As such, she submits .....

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..... two licences by the DGFT would not in any way affect the outcome of the decision. As such, he submits that the Adjudicating Authority has rightly confirmed the demand of duty and penalty on them. 4. After hearing and appreciating the submissions from both the sides, we find that the Commissioner has passed the impugned order on the simple ground that the export obligation has not been fulfilled .....

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