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2002 (8) TMI 369

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....per : G.R. Sharma, Member (T)]. - The short point for determination in this appeal is as to what is the date of clearance of the goods for the purpose of rate of duty etc. 2. The facts of the case in brief are that the appellants have a unit in NOIDA Export Processing Zone for manufacture and export of latex gloves. The appellants were using the goods procured free of duty for production o....

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....to get the same redeemed on payment of a fine of Rs. 4,00,000/- (rupees four lacs only); (ii)   confiscate the impugned indigenous goods under Rule 209 of the C.Ex. Rules, 1944 and allow the same to be redeemed on payment of a fine of Rs. 10,000/- (rupees ten thousand); (iii) impose a penalty of Rs. 1,00,000/- (rupees one lakh) under Section 112(a) of the Customs Act, 1962 and Rs. 10,0....

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.... calculated on destroyed goods. 3. Arguing the case for the appellants Shri J.M. Sharma, learned Consultant submits that the issue that remains to be decided in this case is as to what should be the date for levy and collection of duty. 4. We have heard Shri J.M. Sharma, learned Consultant for the appellants on various issues as also Shri Rajeev Tandon, learned SDR for Revenue. We note....