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TMI Blog2000 (10) TMI 244X X X X Extracts X X X X X X X X Extracts X X X X ..... s. [Order per : J.N. Srinivasa Murthy, Member (J)]. In these two matters, Gupta Dyeing and Printing Mills has filed this application praying for referring the questions 1 to 4 to the High Court along with the statement of facts under section 130(1) of the Customs Act. (1) Whether shortage in weight will attract the provision of clause 3(3) of Export Trade Control Order No. 1/88 ET ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... EEC book, part E where export was in terms of weight in spite of the fact that the contract with foreign buyers with the applicants was only in terms of value and meters and not in terms of weight? (4) Whether in the facts and circumstances of the case, confiscation of the subject goods and imposition of penalty on the applicant is correct in law? 1. The facts in brief are that the applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed penalty of Rs. 5 lakhs under Section 114(i) of the Customs Act and imposed a fine of Rs. 10 lakhs in lieu of confiscation. Against that order, the appeals were filed before the CEGAT contending the clause 3(3) of the above order does not contain the word weight and the export of goods will not be prohibited and liable for confiscation and the applicant is not liable to penalty. The Tribunal i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applicant and Sri J.M. George, JDR for the respondent. Perused the application and the Bench order dated 17-9-1999 and also section 113 of the Customs Act. Questions 1 and 2 in annexure B arise out of the decision of the Tribunal. Question 3 does not arise as the Tribunal s order does not deal with the contract between the parties, nor there is any submission either by the appellant or by the resp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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