1990 (11) TMI 276

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.... : Jyoti Balasundaram, Member (J)].- The above application under Section 129E of the Customs Act, 1962 seeks waiver of pre-deposit of duty of Rs. 7,29,023.05 and penalty of Rs. 10 lakhs levied & imposed by the order of the Addl. Collector of Customs, upon caps manufactured out of synthetic & woollen rags exported in contravention of the export policy and DEEC Scheme, under which the goods for exp....

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....e facie case on merits as the Textile Committee & SASMIRA first opined that the goods are of 100% acrylic & only later changed their opinion on the basis of visual examination, and let export order was given & goods were exported. On the financial aspect, it is submitted that the applicant is a proprietory concern with a capital of Rs. 7.58 lakhs including borrowed capital and the profit for the y....

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....on for cross-examination & has relied upon the judgment of the Hon'ble Supreme Court in AIR 1972 S.C. 2136 = 1983 (13) E.L.T. 1486 (SC) and the Hon'ble Madras High Court in 1982 (10) E.L.T. 386 in support of his finding on this point. The merits of the matter can be more appropriately dealt with during the hearing of the appeal, There is force in the argument on violation of the principles of natu....