2009 (11) TMI 526

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..... ppeal will be heard out on two points formulated hereinbelow :- (1)     Whether the Additional Commissioner of Customs, the Appellate Authority and Learned Tribunal were justified under the law in not taking into consideration of the evidence adduced before the aforesaid fora in confiscating the goods of the appellant? (2)  Whether the evidence adduced before those fora .....

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..... er on it is found that the appeal is not sustainable and order of all the fora are justified. On the other hand, if the appeal succeeds the appellant does not stand to suffer as the materials may be released and utilised for which the same are imported. 3. Mr. Hazra, appearing for the department submits that in view of this order he does not want to file any affidavit-in-opposition and he sugges .....

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