2014 (11) TMI 112

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..... y bond or the goods are not available for confiscation, in that situation redemption fine cannot be imposed. Admittedly, in this case, despite repeated letters the Revenue has failed to produce the evidence as to whether the subject-goods were cleared for export under bond. Therefore, I come to the conclusion that the goods in question were allowed to be cleared for export without furnishing any b .....

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..... Tribunal for reconsideration of the issue. 2. Brief facts of the case are that the appellant had exported one consignment of manmade fabrics. During the course of the investigation, the GSM values declared by the appellant were found to be misdeclared but the goods were allowed to be exported without executing any bond. On adjudicating, it was held that as there was a mis-declaration of the go .....

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..... art of the order was challenged by the appellant before the Hon'ble High Court has remanded the matter to this Tribunal to reconsider the issue. 3. Heard both sides and considered the submissions. 4. The Larger Bench of this Tribunal in the case of Shiv Kripa Ispat Pvt. Ltd. vs. Commissioner of Central Excise, Nasik 2009 (235) ELT 623 (Tri-LB) held that if the goods were allowed to be .....

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