2013 (12) TMI 179

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..... d both sides on the stay petitions. 2. A consignment attempted to be exported by the appellant firm was found to partly contain red sanders in addition to declared goods. The appellant claimed that the consignment was booked for a party through intermediators whose antecedents were not known to them. The appellant also admitted having sent a consignment on an earlier occasion which was admitted t .....

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..... er consignment was also admitted to have contained red sanders. 5.1. We find that it is not in dispute that the consignment was found to have red sanders which were prohibited for export. The earlier consignment also contained red sanders. The conduct of the appellant-firm appears to be not bona fide and, therefore, penalty is, prima facie, warranted. However, there is no justification for separa .....

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