2008 (8) TMI 693

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..... impugned order, the Commissioner of Customs (Export) has ordered recovery of duty of customs of Rs. 7,20,823/- foregone at the time of import of 17953.139 kgs. of polyester filament yarn under cover of bill of entry dated 25-11-2002, together with interest under Section 28AB, on the ground that the benefit of duty free import in terms of Notification 53/97-Cus. dated 3-6-1997 was not available, as .....

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..... of Section 114A. Once the Commissioner chose to impose penalty as proposed in the show cause notice under the provisions of the above section, he was bound to levy a penalty equal to the duty short paid or short levied, viz. Rs.7,20,823/-. My view is fortified by the decision of the Tribunal in Madras Petrochem Ltd. v. CC, Chennai, 2007 (218) E.L.T. 712. 3. Accepting the contentions of the Reve .....

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