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    <title>2009 (4) TMI 576 - CESTAT, MUMBAI</title>
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    <description>Subsequent compliance with the import requirement and later production of the necessary certificate led the tribunal to treat the original breach in the clearance of used capital goods as mitigated. As the certificate had been obtained and the initiating letter was said to have been superseded, and considering the continued availability of the consignment and demurrage hardship, the full redemption fine was not sustained. The contravention was nevertheless recognised, so the penal consequence was only moderated, with the redemption fine waived and the penalty under the Customs Act reduced.</description>
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      <description>Subsequent compliance with the import requirement and later production of the necessary certificate led the tribunal to treat the original breach in the clearance of used capital goods as mitigated. As the certificate had been obtained and the initiating letter was said to have been superseded, and considering the continued availability of the consignment and demurrage hardship, the full redemption fine was not sustained. The contravention was nevertheless recognised, so the penal consequence was only moderated, with the redemption fine waived and the penalty under the Customs Act reduced.</description>
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