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2004 (6) TMI 443

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..... [Order per : K.D. Mankar, Member (T)]. The appeal of the appellant is directed against the order of the Commissioner (Appeals) whereby duty of Rs. 10,75,081/- together with interest at rate of 24% was confirmed against the appellants. Amount of Rs. 7,00,000/- which was deposited was adjusted against the duty, penalty of Rs. 5,00,000/- was imposed on the appellant Company and Rs. 1,00,000/- .....

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..... ated that, they were likely to complete the export application by procuring the local material, since the imported material was substandard. This defence is without any merit. Since, an obligation is cast on the importers not to dispose of the imported material, without completing the export obligation, consequent to the sale of the imported material in the domestic market, the lower authorities w .....

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