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    <title>2013 (4) TMI 163 - BOMBAY HIGH COURT</title>
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    <description>Mere incorrect customs classification did not, by itself, justify confiscation, redemption fine or penalty where the declared value was accepted and the record showed no deliberate misdescription, collusion or intent to evade duty. The goods were described and re-tested as different kinds of woven fabrics, but there was no material to show that the importer knowingly used the wrong tariff heading or made a mala fide declaration. In the absence of such ingredients, Section 111(m) was not attracted and the setting aside of confiscation, redemption fine and penalties was sustained.</description>
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      <description>Mere incorrect customs classification did not, by itself, justify confiscation, redemption fine or penalty where the declared value was accepted and the record showed no deliberate misdescription, collusion or intent to evade duty. The goods were described and re-tested as different kinds of woven fabrics, but there was no material to show that the importer knowingly used the wrong tariff heading or made a mala fide declaration. In the absence of such ingredients, Section 111(m) was not attracted and the setting aside of confiscation, redemption fine and penalties was sustained.</description>
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