2012 (12) TMI 836

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..... ADVS. SRI.JOHN VARGHESE,SC,CEN.BOARD OF EXCISE SRI.THOMAS MATHEW NELLIMOOTTIL,SC,CB EX     JUDGMENT The petitioners in these writ petitions imported used photocopiers through the Cochin Port. The goods were confiscated but the petitioners were permitted to redeem the goods on payment of redemption fine and penalty. Aggrieved by the order of the adjudicating authority, the petition .....

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..... of Ext.P2 order.   2. The respondent has filed a counter affidavit contending inter alia that refund was not made since the original bill of entry and duty paid challan were not produced. 3. When these writ petitions came up for hearing today, Sri.Thomas Mathew Nellimmoottil and Sri.John Varghese, learned senior counsel appearing for Central Board of Excise and Customs submitted, with refe .....

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..... st at 6% per annum was also vacated. In the light of the fact that in identical circumstances, a Division Bench of this Court has directed refund of excess fine and penalty without interest, I dispose of these writ petitions with the following directions:- i. The petitioners shall within one month from the date of receipt of a certified copy of this judgment produce before the respondent, documen .....

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