TMI Blog2015 (3) TMI 329X X X X Extracts X X X X X X X X Extracts X X X X ..... uling of the Hon'ble Supreme Court in the case of Suchitra Components Ltd. (2007 (1) TMI 4 - SUPREME COURT OF INDIA). Accordingly, respectfully following the same, I hold that Circular dated 17.9.1999 will not have retrospective effect. In absence of any prescribed moisture content, confiscation and penalties are set aside - Decided in favour of assessee. - Appeal No.C/86907/14 - - - Dated:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 00 the case was adjudicated in 2014. The Commissioner confiscated the goods and imposed redemption fine of ₹ 20,00,000/- (Rupees twenty lakhs only) and imposed penalty of ₹ 4,00,000/- (Rupees four lakhs only) on the appellant and ₹ 1,00,000/- (Rupees one lakh only) on the partner of the appellant under Section 112(a) of the Customs Act. At the time of provisional release of the g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r hearing both sides and perusing the case records, I find that the issue involved herein is covered by the ruling of the Hon'ble Supreme Court in the case of Suchitra Components Ltd. (supra). Accordingly, respectfully following the same, I hold that Circular dated 17.9.1999 will not have retrospective effect. In absence of any prescribed moisture content, confiscation and penalties are set as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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