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2016 (1) TMI 626

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..... invoice No. 20/2014 dated 8.7.2014 against requirement of 5 kg as per condition of the notification. - Held that:- It is an admitted position that there was a genuine mistake of inadvertent nature. It is a fact that the goods have been imported in contravention of the license issued by DGFT, however, since the bona fide of the appellants are not in doubt and there do not appear to be any pecuniar .....

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..... cation read as under:- Condition No. 5 :- If the importer follows the procedure set out in the Customs (Import of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 1996 Condition No. 34: If,- (a) the goods are directly shipped from the country in which they were produced and each bar has a weight of 5 kg. or above; (b) the goods are imported in accor .....

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..... etter dated 21.07.2014 that he has wrongly shipped a Gold Dore Bar of 3.347 Kg under invoice No. 20/2014 dated 8.7.2014 against requirement of 5 kg as per condition of the notification. They also informed that the supplier has accepted their mistake and was ready to take the return delivery of wrongly shipped gold dore bar. He also stated that no payment is made against the said shipment and reque .....

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..... Industries Ltd. - 2003 (152) ELT 257 (SC) and Board's Circular No. 745/61/2003-CX dated 16.9.2003 confiscated the gold bar No. 1 and gave them option under Section 125 to redeem the goods for re-export on payment of ₹ 7 lakhs. A penalty of ₹ 3.5 lakhs was also imposed under Section 112(a) of the Customs Act. However, while doing so, he observed as follows:- It also appears tha .....

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..... ion of the license issued by DGFT, however, since the bona fide of the appellants are not in doubt and there do not appear to be any pecuniary gain to the appellant on account of such imports, it is felt that the redemption fine needs to be revised from ₹ 7 lakhs to ₹ 2 lakhs. Personal penalty is also reduced from ₹ 3.5 lakhs to ₹ 50.000/- (rupees fifty thousand only). 6 .....

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