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Passenger baggage re-export requires true declaration and cannot be granted indirectly through discretionary redemption of undeclared prohibited goods...
Appellants challenged confiscation of containers, imposition of redemption fine, and penalty due to inordinate delay in adjudication. Tribunal found procedural lapse by appellants but acknowledged delay caused by department's hold on containers. 231 out of 236 containers exported before show cause notice. Tribunal ruled confiscation, redemption fine, and penalty on exported containers incorrect. However, duty payable on remaining 5 unexported containers and penalty of Rs. 50,000 u/s 112 of Customs Act imposed for infractions. Appeal partly allowed, confiscation and redemption fine on exported containers set aside.
Appellants challenged confiscation of containers, imposition of redemption fine, and penalty due to inordinate delay in adjudication. Tribunal found procedural lapse by appellants but acknowledged delay caused by department's hold on containers. 231 out of 236 containers exported before show cause notice. Tribunal ruled confiscation, redemption fine, and penalty on exported containers incorrect. However, duty payable on remaining 5 unexported containers and penalty of Rs. 50,000 u/s 112 of Customs Act imposed for infractions. Appeal partly allowed, confiscation and redemption fine on exported containers set aside.
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