2001 (2) TMI 792

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....ain, DR, for the Respondent. [Order per : J.H. Joglekar, Member (T)]. - On hearing both sides the application for early hearing was granted. The appeal was taken up for hearing, after granting waiver of penalty of Rs. 1 lakh. 2. The appellant is the Proprietrix of M/s. Simone Impex. Two Shipping Bills dated 4-9-2000 were filed by them for export of garments where the declared value w....

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....t was held that where there was a misdeclaration of value prior to the amendment of Section 111(m) in 1973, the same did not amount to "misdescription in material particulars", in terms of the section and therefore the goods could not be confiscated. We really see no relevance of this judgement to the facts before us. The amount of drawback claimed by an exporter has a definite proportion to the v....

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.... goods was about Rs. 8 lakhs and that the exporter had purchased the goods at Rs. 18,34,272/-. Compared to these prices, he submits that quantum of redemption fine is high. He again emphasizes that in view of the financial position alone he seeks remission. 5. Shri A.K. Jain very fairly leaves the issue to the Court. 6. We have considered these submissions. The offence committed by....