TMI Blog2022 (3) TMI 871X X X X Extracts X X X X X X X X Extracts X X X X ..... s. Admittedly, in the facts of the present case, the gross weight of the packing as reduced by packing materials, the net weight of the gold dorebars matches with the import documents. Thus, there is no case of mis-declaration or any excess weight of gold dore bars found by Revenue, as per the admitted facts. The whole exercise - proceedings for confiscation and penalty is only for the alleged ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e bars, which also consists of silver and impurity in different proportions. The respondent is a licensed importer and is in the business of regularly importing such gold dorebars and thereafter refines the same and thereafter clears pure gold bars or silver bars. As per the import documents and declaration in the Bill of Entry, the gross weight which is 463 kgs. (including packing materials). Fur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 377; 20,00,000/- under Section 112(a) of the Customs Act, 1962 was imposed and ordered release of the declared balance goods, which were found as per import documents and declared in the bills of entry. 4. Being aggrieved, the respondent preferred appeal before the Commissioner (Appeals), who vide impugned order-in-appeal was pleased to modify the order-in-original reducing the redemption fine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... invoice, is wholly mis-conceived. 9. Thus, I hold that no case of any mis-declaration is made out. Accordingly, I dismiss the appeal by Revenue and also set aside the order-in-original no. 76/2020/DB/JC/Gr.III, IV VI/ACC Import dated 14.08.2020 as well as impugned order in appeal. The respondent is entitled to consequential benefits in accordance with law. The stay application also stands di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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