2000 (10) TMI 244

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.... Respondents. [Order per : J.N. Srinivasa Murthy, Member (J)]. -  In these two matters, Gupta Dyeing and Printing Mills has filed this application praying for referring the questions 1 to 4 to the High Court along with the statement of facts under section 130(1) of the Customs Act. (1)      Whether shortage in weight will attract the provision of clause 3(3) of Exp....

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....ther the Hon'ble Appellate Tribunal was correct in law to draw inference from the DEEC book, part E where export was in terms of weight in spite of the fact that the contract with foreign buyers with the applicants was only in terms of value and meters and not in terms of weight? (4)      Whether in the facts and circumstances of the case, confiscation of the subject good....

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....l) Order (1/88 ETC) read with paragraph 4 of the Foreign Trade (Development and Regulation) Act, 1992 and imposed penalty of Rs. 5 lakhs under Section 114(i) of the Customs Act and imposed a fine of Rs. 10 lakhs in lieu of confiscation. Against that order, the appeals were filed before the CEGAT contending the clause 3(3) of the above order does not contain the word "weight" and the export of good....

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....as reduced to Rs. 5 lakhs and penalty to Rs. 2.5 lakhs. 2. Heard Shri V.M. Doiphode, the ld. Counsel for the applicant and Sri J.M. George, JDR for the respondent. Perused the application and the Bench order dated 17-9-1999 and also section 113 of the Customs Act. Questions 1 and 2 in annexure B arise out of the decision of the Tribunal. Question 3 does not arise as the Tribunal's order does....