2016 (12) TMI 641

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..... of fines and penalties justified? - Held that: - In the light of the Board's Circular No.4/2012-Cus. dt. 17/02/2012, the issue is now stands gone in favour of the appellant. in the circumstances, the appeals filed by the exporters are required to be allowed in toto and we order accordingly. For the same reasons, Department's appeals (C/508, 509/2009) cannot succeed and will have to be dismissed, w .....

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..... Fe content more than 64%. Department took the view that such consignments having Fe content of more than 64% was in restricted category as per the FTP 2007-08 and shall be exported only through state trading enterprises viz. MMTC Ltd. In the impugned orders, adjudicating authority has ordered confiscation of the said iron ore consignments and imposed redemption fine under Section 25 of the Custom .....

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..... Net Fe contents. 4. In case of any difficulty in arriving at the net Fe content, assessment may be based on test result which directly determines the Fe contents. 5. Pending assessments on the issue, if any, should be finalized accordingly. He submitted that for these reasons, the drawal of samples and its testing on dry basis and when not done by Wet Metric Ton basis cannot be taken as t .....

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