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2016 (4) TMI 721 - DELHI HIGH COURT

2016 (4) TMI 721 - DELHI HIGH COURT - 2016 (334) E.L.T. 486 (Del.) - Confiscation and penalty - Finished leather lying seized for more than a year - permitted to withdraw on payment of redemption fine - Held that:- the appropriate course would be to permit the petitioner to furnish a bank guarantee for the entire amount of redemption fine and penalty and for the goods be released to the petitioner. Therefore, it is directed to the petitioner to furnish a bank guarantee in favour of the Departmen .....

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of. 3. The Petitioner, which is a registered exporter, tendered a consignment of 'Goat Upper Finished Leather with Finishing Coat Colour Beige' for export through the Inland Container Depot, Tughlakabad, under S/B No. 6616345 dated 13th December 2014 along with the requisite documents. Prior thereto the Petitioner submitted a sample to the Central Leather Research Institute (CLRI), Chennai who by a report dated 27th November 2014 opined that the sample conformed to the stipulation in Pub .....

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15 confiscated all the export goods having declared FOB value of ₹ 39,35,841/1 but, permitted the Petitioner to withdraw the goods on payment of redemption fine of ₹ 9,83,000/-. A further penalty of ₹ 3,93,000/- was imposed under Section 114(iii) of the Customs Act, 1962. 4. Allowing the Petitioner's appeal, the Commissioner passed an order dated 17th June, 2015quashing the aforesaid order of redemption fine and penalty and directed release of the consignment to the Petitio .....

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