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2019 (2) TMI 1260

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..... re was doubt as to whether the goods answering to the description in the bills of entry could be permitted to be re-exported. It is not disputed that after 100% inspection which was made after detention of the goods, the customs authorities made the order on 8-6-2017. The order, in fact, imposed redemption fine which was apparently satisfied. The petitioner also paid demurrage charges to the CONCO .....

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..... pal, Senior Advocate with Pradeep Kumar Mahajan, Rishi K. Awasthi, Ms. Shubhangi Asthana and Aditya Awasthi, Advocates, for the Respondent. ORDER The petitioner seeks a direction that the goods which was sought to be confiscated by the customs authorities on 8-6-2017 subject to payment of redemption fine and subsequently warehoused with the second respondent, i.e. Container Corporation of .....

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..... unsel for the petitioner stresses that the absence of the goods has resulted in further consequences inasmuch as the re-export commitments could not be fulfilled, and that in these circumstances, the Court should pass appropriate orders. 4. It is evident that when imported, there was doubt as to whether the goods answering to the description in the bills of entry could be permitted to be re-exp .....

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..... also is a matter which requires trial, given the petitioner s claims for being permitted to re-export the goods, are matters that are to be considered in civil proceedings. Since the petitioner s goods were subject to 100% checks as well as valuation and upon payment of duty, they were permitted to be acquired subject to redemption fine, the petitioner could have no disability in discharging its .....

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