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2024 (3) TMI 702

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..... mar, Authorized Representative for the Respondent ORDER Briefly stated, the facts of the case are that the officers of Directorate of Revenue Intelligence, Mumbai Zonal Unit, Mumbai (DRI), had developed an intelligence, which indicated that certain importers were mis-declaring the quantity of cigarettes imported under warehouse bill of entry for re-export purpose, with the intention of either .....

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..... ent, which culminated into the adjudication order dated 29.11.2013, wherein the original authority had confiscated the cigarettes of a quantity of 92,31,000 sticks and provided the option to redeem the same on payment of redemption fine of Rs.1,00,00,000/-; further, the original order had also confiscated the declared quantity of 10,49,000 cigarette sticks, with the option to redeem the same on pa .....

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..... reduction in the quantum of penalty imposed on the appellant, the learned Commissioner of Customs (Appeals) had recorded the following findings: "I find that the impugned goods are still in the custody of the department. The appellant vide letter dated 30.01.2014 had relinquished all their rights against the impugned consignment. I also find that the impugned goods are perishable in nature and w .....

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..... dy of the department, we are of the view that the ends of justice would be met, if the quantum of penalty is further reduced. 5. In view of the above, the impugned order is modified to the extent of reducing the quantum of penalty from Rs.10,00,000/- (Rupees Ten Lakhs) to Rs.5,00,000/- (Rupees Five Lakhs) under Section 112(a) ibid, which shall be paid forthwith by the appellant. 6. The appeal is .....

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