TMI Blog2007 (4) TMI 62X X X X Extracts X X X X X X X X Extracts X X X X ..... and, fine and penalty sustained - Appeal Nos. E/4041 & 4042/2005 - Final Order Nos. A/943 & 944/2007-WZB/Ah 'bad - Dated:- 20-4-2007 - [Order per] - These appeals arise out of the order in appeal No.V-2(54)258/SRT-I/Div.V /2002/356 dated 3-2-2005. 2. Heard both sides. The relevant facts in brief are as follows: (a) The appellants company, a 100% EOU, has imported yarn, the raw material ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arish Agarwal, Director of the appellant company. (d) Commissioner (Appeals) has upheld the order of the original authority. 3. Learned Advocate for the appellants submits that there was no intention to evade payment of duty. The seized goods which were provisionally released were subsequently used in the manufacture of grey fabrics and the finished goods were exported. In these circumstance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ure and finished goods were cleared for export, it was open to the appellant to claim export benefits as applicable subject to the following procedure prescribed therein. 5. However, taking into account the entire facts and circumstances of the case, I reduce the redemption fine imposed from Rs. 25,000/- to Rs. 10,000/- (rupees ten thousand). I reduce the penalty imposed from Rs. 54,479/- to R ..... X X X X Extracts X X X X X X X X Extracts X X X X
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