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    <title>2009 (9) TMI 512 - BOMBAY HIGH COURT</title>
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    <description>Section 111(o) of the Customs Act applies only when an importer fails to observe an exemption condition within the prescribed time, or within a reasonable time where no period is fixed. Where goods have not yet been cleared and the stage for compliance has not arisen, the breach necessary for confiscation is not established. On that footing, confiscation and consequential penalty were held premature, as no independent basis for either measure was shown. The Tribunal&#039;s view was upheld and the Revenue&#039;s reference failed.</description>
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    <pubDate>Thu, 24 Sep 2009 00:00:00 +0530</pubDate>
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      <title>2009 (9) TMI 512 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=76966</link>
      <description>Section 111(o) of the Customs Act applies only when an importer fails to observe an exemption condition within the prescribed time, or within a reasonable time where no period is fixed. Where goods have not yet been cleared and the stage for compliance has not arisen, the breach necessary for confiscation is not established. On that footing, confiscation and consequential penalty were held premature, as no independent basis for either measure was shown. The Tribunal&#039;s view was upheld and the Revenue&#039;s reference failed.</description>
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      <pubDate>Thu, 24 Sep 2009 00:00:00 +0530</pubDate>
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