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2008 (4) TMI 227

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..... hearing the stay petition for some time, I find that the main appeal itself can be disposed off at this stage. Therefore, after waiving the pre-deposit, I take up the main appeal for disposal with the consent of both the parties. 2. The Assistant Commissioner has sanctioned the refund of the customs duty and penalty of Rs. 8,97,192/- to M/s. Sawant Food Products Ltd., the appellant herein. On an .....

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..... he direction of Order-in-Original No. 538 to 540/99/CAC/CC/KOM dated 7-4-99 issued by the Commissioner of Customs (Adjudication), Mumbai. A penalty of Rs. 1,50,000/- was also imposed on M/s. Sawant Food Products Ltd. The duty amount of Rs. 7,47,192/- and penalty of Rs. 1,50,000/- has been adjusted against the voluntary deposit of Rs. 15,00,000/- by M/s. R.W. Sawant & Co. and the balance amount is .....

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..... Co. has filed an Affidavit dated 20-11-2006, in which he has stated that "they have no objection for making the payment of Rs. 8,97,192/- along with permissible interest to M/s. Sawant Food Products Ltd. as a refund amount claimed by them." 5. In view of the above discussion, I set aside the impugned order passed by the Commissioner (Appeals) and restore the order passed by the Assistant Commissi .....

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