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2011 (2) TMI 892

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..... ge charges. Moreover, season is over as these garments were to be used during festive season of Id. We find that redemption fine is at higher side, therefore, exercising our discretionary power we reduce the redemption fine to Rs. 10,00,000/- (Rupees ten lacs only). Enhancement of penalty - found that in such a case the adjudicating authority has imposed a penalty of Rs. 20,000/- only which is at .....

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..... mined and found that the goods declared are 100% Polyster Ladies hijab [i.e. polyester knitted garments (others)] and are covered under Srl. No. 611703 of the Drawback Schedule. It was found that the assessee had mis-declared goods with intention to take excess draw back claim. The goods were valued at more than Rs. 2 crores and the excess amount intended to avail by way of drawback was near about .....

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..... higher side, therefore, exercising our discretionary power we reduce the redemption fine to Rs. 10,00,000/- (Rupees ten lacs only). 5. We have also considered the contention of the learned D.R. and found that in such a case the adjudicating authority has imposed a penalty of Rs. 20,000/- only which is at lower side. Considering the nature of offence committed by the assessee and the malafides, .....

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