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    <title>2025 (4) TMI 575 - CESTAT AHMEDABAD [LB]</title>
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    <description>Re-import of expired medicines at a non-notified port was treated as customs import where the surrounding facts, correspondence and conduct showed the appellant&#039;s knowledge of the movement of the same goods earlier exported. On that basis, the appellant was held liable as importer to file the bill of entry, and the duty equivalent to the export incentive foregone, together with DEPB recovery, was upheld. The goods were also held liable to confiscation. On penalties, the simultaneous levy under Section 114A of the Customs Act was not sustained once penalty under Section 112(a) was imposed on the same facts, and the penalty under Section 112(a) was retained with reduction in quantum.</description>
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      <description>Re-import of expired medicines at a non-notified port was treated as customs import where the surrounding facts, correspondence and conduct showed the appellant&#039;s knowledge of the movement of the same goods earlier exported. On that basis, the appellant was held liable as importer to file the bill of entry, and the duty equivalent to the export incentive foregone, together with DEPB recovery, was upheld. The goods were also held liable to confiscation. On penalties, the simultaneous levy under Section 114A of the Customs Act was not sustained once penalty under Section 112(a) was imposed on the same facts, and the penalty under Section 112(a) was retained with reduction in quantum.</description>
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