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Issues involved: Delay in filing proof of re-export condoned; Interpretation of order regarding redemption fine and duty for goods; Extension of re-export period by the Court.
Delay in filing proof of re-export: The Supreme Court addressed the delay in filing proof of re-export and condoned it. The appellant had paid a redemption fine of Rupees Six lakhs but was unable to re-export the goods within the stipulated three months due to actions by the Customs authorities. The Court extended the re-export period based on the facts presented, allowing the appellant to re-export the goods without the need to pay the redemption fine or duty. Interpretation of order on redemption fine and duty: The Tribunal interpreted the order as requiring the appellant to pay the redemption fine and duty if they wished to keep the goods in India, with the option for duty drawback if they later exported the goods. However, the adjudicating authority had also granted the appellant the concession that if they re-exported the goods within three months, no duty would be chargeable. The Tribunal upheld this order, leading to the appellant paying the redemption fine but facing difficulties in re-exporting the goods within the specified timeframe. Extension of re-export period by the Court: In response to the appellant's situation, the Court extended the three-month period for re-exporting the goods, considering the circumstances presented. This extension allowed the appellant to successfully re-export the goods without the obligation to pay the redemption fine or duty. Consequently, the Court directed the respondents to refund the appellant the amount of Rupees Six lakhs paid as the redemption fine. No costs were awarded in this matter.
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