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    <title>2017 (7) TMI 316 - CESTAT MUMBAI</title>
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    <description>Redemption fine under section 125 of the Customs Act presupposes that confiscated goods are available for physical redemption; where the goods are unavailable and no bond or bank guarantee secured their production, confiscation may stand but redemption fine cannot be insisted upon. Recovery of differential DEPB credit was also held outside section 28, which applies to duty short-paid, not paid, or erroneously refunded, and no actual utilisation of the alleged excess credit was shown. Confiscation and penalty for misdeclaration were unsustainable because the shipping bills disclosed both descriptions and suppression or deliberate misdescription was not established.</description>
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    <pubDate>Thu, 23 Feb 2017 00:00:00 +0530</pubDate>
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      <title>2017 (7) TMI 316 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=345204</link>
      <description>Redemption fine under section 125 of the Customs Act presupposes that confiscated goods are available for physical redemption; where the goods are unavailable and no bond or bank guarantee secured their production, confiscation may stand but redemption fine cannot be insisted upon. Recovery of differential DEPB credit was also held outside section 28, which applies to duty short-paid, not paid, or erroneously refunded, and no actual utilisation of the alleged excess credit was shown. Confiscation and penalty for misdeclaration were unsustainable because the shipping bills disclosed both descriptions and suppression or deliberate misdescription was not established.</description>
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      <pubDate>Thu, 23 Feb 2017 00:00:00 +0530</pubDate>
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