2002 (8) TMI 653

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....lant. Shri A.K. Pandit, JDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. -  Vide the impugned Order, the Commissioner of Customs (Port), Kolkata has confiscated the newsprint imported by the appellant company with an option to them to re-export the same on payment of redemption fine of Rs. 5,50,000.00 (Rupees five lakh fifty thousand), Rs. 8,10,000.00 (Rupees eight ....

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....as not found conforming to the required percentage of mechanical woodpulp and hence, they approached the Commissioner of Customs for allowing them the re-export of the goods. Thereafter, a sample was also sent by them for test purposes and it was reported that the mechanical woodpulp is 55%. They again approached the Revenue for re-export of their goods. The Commissioner, vide his impugned Order, ....

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....f mechanical woodpulp. Inasmuch as the foreign supplier has sent them the wrong goods, they cannot be penalised by imposition of redemption fine upon them for the purposes of re-export. He also draws our attention to the observations made by the Commissioner to the effect that the bona fides of the appellants are not doubted. He submits that as per the decision of the Hon'ble Supreme Court in the ....