2002 (1) TMI 1184

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....t. [Order]. - These appeals are filed against the same adjudication order and, therefore, are being taken up together. 2. Brief facts of the case are that the appellants, M/s. Suman Jewellery, placed an order for supply of gold jewellery to M/s. Deepu Jewellers. The gold jewellery was imported into India and the bill of entry was filed on 27-4-1994. The benefit of Notification No. 117/94-....

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.... are confiscated because of ITC prohibition in terms of Section 111 of the Customs Act and an option to pay fine in lieu of such confiscation is given, the fact of such option is to lift the prohibition and when the goods are allowed to re-export, the imposition of fine and penalty is not justified. Their submission is that when the order was placed for supply of the goods, the importer had a vali....

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....Therefore, they are rightly liable for confiscation. Their contention is that when the importer has option to redeem the goods on payment of redemption fine, he can only re-export the goods after payment of redemption fine and duty and claim drawback up to 98 per cent of the duty under Sec. 74 of the Customs Act. 5. The facts of the present case are peculiar in nature. The facility of Specia....