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    <title>2024 (9) TMI 74 - GUJARAT HIGH COURT</title>
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    <description>Customs duty and penalty were sustained against a 100% export oriented undertaking after concurrent factual findings showed that duty-free imported polyester filament yarn had been clandestinely diverted into the local market through brokers and buyers. The Court accepted that statements of the director and others, together with the seized yarn found at other concerns&#039; premises, supported the finding that the goods were the same imported consignments and that sale proceeds were received in cash. As those findings were neither perverse nor unsupported by the record, the Court declined to reappreciate evidence in appeal and upheld confiscation, recovery of duty, and penalty for breach of the customs import conditions.</description>
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      <link>https://www.taxtmi.com/caselaws?id=757830</link>
      <description>Customs duty and penalty were sustained against a 100% export oriented undertaking after concurrent factual findings showed that duty-free imported polyester filament yarn had been clandestinely diverted into the local market through brokers and buyers. The Court accepted that statements of the director and others, together with the seized yarn found at other concerns&#039; premises, supported the finding that the goods were the same imported consignments and that sale proceeds were received in cash. As those findings were neither perverse nor unsupported by the record, the Court declined to reappreciate evidence in appeal and upheld confiscation, recovery of duty, and penalty for breach of the customs import conditions.</description>
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