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    <title>2000 (11) TMI 979 - CEGAT, CHENNAI</title>
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    <description>Scrap imports declared with a contemporaneous request to mutilate any serviceable items were treated as bona fide where the record did not show deliberate suppression or misdescription. On that basis, misdeclaration and confiscation were not sustainable, and serviceable goods could be cleared as scrap after mutilation under Customs law and departmental instructions. Once mutilation was permitted and no deliberate misdeclaration was established, the differential duty demand under Section 28, together with redemption fine and penalties on the importer and its Managing Director, also lacked foundation and was set aside.</description>
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      <description>Scrap imports declared with a contemporaneous request to mutilate any serviceable items were treated as bona fide where the record did not show deliberate suppression or misdescription. On that basis, misdeclaration and confiscation were not sustainable, and serviceable goods could be cleared as scrap after mutilation under Customs law and departmental instructions. Once mutilation was permitted and no deliberate misdeclaration was established, the differential duty demand under Section 28, together with redemption fine and penalties on the importer and its Managing Director, also lacked foundation and was set aside.</description>
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