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    <title>2023 (11) TMI 1035 - CESTAT HYDERABAD</title>
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    <description>The tribunal restored the appeal after it was initially dismissed for non-prosecution due to a technical error in receiving hearing notifications. It found the shipping agency&#039;s delay in filing Export General Manifests (EGMs) was not deliberate, attributing it to procedural issues. The penalty imposed under Section 41 of the Customs Act 1962 was set aside, as the tribunal noted that prior to an amendment in August 2019, the shipping line or agent was not liable for such delays. The tribunal allowed the appeal, acknowledging the procedural challenges faced and granting consequential reliefs.</description>
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      <description>The tribunal restored the appeal after it was initially dismissed for non-prosecution due to a technical error in receiving hearing notifications. It found the shipping agency&#039;s delay in filing Export General Manifests (EGMs) was not deliberate, attributing it to procedural issues. The penalty imposed under Section 41 of the Customs Act 1962 was set aside, as the tribunal noted that prior to an amendment in August 2019, the shipping line or agent was not liable for such delays. The tribunal allowed the appeal, acknowledging the procedural challenges faced and granting consequential reliefs.</description>
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