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    <title>2004 (3) TMI 231 - CESTAT, MUMBAI</title>
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    <description>Non-entry of goods in RG1, without evidence of clandestine removal, mala fides, or other supporting material, was treated as a technical procedural infraction rather than conduct warranting confiscation. On that basis, confiscation and penalty under Rule 173Q were held unsustainable, and the appropriate response was only the limited procedural penalty contemplated by Rule 226. Penalty under Rule 209A also failed because there were no specific allegations or evidence establishing its essential ingredients.</description>
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      <link>https://www.taxtmi.com/caselaws?id=53053</link>
      <description>Non-entry of goods in RG1, without evidence of clandestine removal, mala fides, or other supporting material, was treated as a technical procedural infraction rather than conduct warranting confiscation. On that basis, confiscation and penalty under Rule 173Q were held unsustainable, and the appropriate response was only the limited procedural penalty contemplated by Rule 226. Penalty under Rule 209A also failed because there were no specific allegations or evidence establishing its essential ingredients.</description>
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