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2008 (6) TMI 535

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..... ellant. Shri Y.S. Loni, JDR, for the Respondent. [Order per : Chittaranjan Satapathy, Member (T)]. Heard both sides. 2. These two Appeals have been filed by the Appellant-Importer, Shri Mahendra Kr. Agarwal and the Appellant CHA, M/s. Krishna Shipping Agency, against the impugned Order passed by the Adjudicating Commissioner. It is the Department s case that the Appellant-Importer .....

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..... and penalty and hence, the goods are still lying in the docks for 18 months. They also state that since the goods are lying in the docks for a long time of 18 months, they have also to pay higher demurrage charges to the Port Trust. As such, while not disputing the valuation and the anti-dumping duty, they pray for leniency in the manner of imposition of redemption fine and penalty. 3. As regar .....

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..... specially keeping in view the higher demurrage charges the consignment has incurred lying in the docks for about eighteen months. We have also taken into account the fact that there is some shortage in the goods though on balance there is some excess. Taking into account all the attendant facts and circumstances of the case including the fact that the Appellant-Importer has imported the consignme .....

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