2009 (8) TMI 1029

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..... the impugned order, the Commissioner of Customs has disallowed DEPB credit of Rs. 2,61,385/- availed by the appellants herein on certain Shipping Bills for the reason that manufacturer of the goods covered by the Shipping Bills namely M/s. Viswabharathi Mills Ltd. was a 100% EoU. He has held that the goods exported are liable to confiscation and imposed a penalty of Rs. 50,000/- upon the appellan .....

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..... the manufacturer is a 100% EoU is a contravention of Section 50(2). In these circumstances, the argument that the declaration in the AR-4 is sufficient, cannot be accepted. 3. We, therefore, reject the submission that no penalty is imposable. However, in the totality of facts and circumstances of the case, we reduce the penalty to Rs. 25,000/- (Rupees Twenty five thousand only). The impugned ord .....

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