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2005 (5) TMI 563

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..... one, for the Respondent. [Order per : S.S. Sekhon, Member (T)]. Revenue is in appeal. Commissioner had adjudicated a case of attempted export of Garments overvalued to claim in eligible drawback. The goods were ordered to be confiscated under Section 113(i) of the Customs Act, 1962 and a redemption fine of Rs. 2.5 Lakhs was given along with penalty of Rs. 1 lakh each on the Exporting Co .....

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..... dy-made babasuit etc. at Rs. 150 per pair and it was the supplier who had done the mischief. Had this case not been detected before export, the exporter would have quietly siphoned off drawback over Rs. 42 lakhs. However the redemption fine imposed is just Rs. 2.5 lakhs which is barely 6% of extra benefit claimed. The Commissioner has also add in imposing redemption fine on the exporter. The rede .....

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..... the shipping Bill was Rs. 2,48,29,755/- and market value of goods declared was Rs. 2,37,12,7307/-. 2.2 The misdeclaration of value was detected by the officers who were to examine the goods in the Docks when the goods were presented for export examination. The market value of each garment was found to be Rs. 34/- while the Drawback claimed was Rs. 47/- to Rs. 51/- per piece. 2.3 No profit marg .....

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