2002 (12) TMI 471

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....ent. [Order per : Jeet Ram Kait, Member (T)]. -  This appeal is directed against the order-in-original No. 12/97 (Commissioner), dated 22-12-97 by which the Commissioner has ordered confiscation of Schlofrost Auto Cone Winder imported under Bill of Entry No. 45, dated 9-11-90 with CIF value of Rs. 48,37,276/- on the ground of non fulfillment of the export obligation as contemplated in Notif....

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....tor of the Office of the Textile Commissioner, Mumbai in a letter addressed to Shri V. Murugesan Foreign Trade Development Officer, Madurai. Moreover, Shri V. Murugesan, Foreign Trade Development Officer, vide his letter No. Misc/BOND/44/90-91/OGL/3461, dated 27-3-1997 enclosed a copy as a proof of the completion of the export obligation, issued by the Deputy Director of the Office of the Textile ....

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....he report of the Textile Committee, dated 15th October, 1996 in which the value of the machine has been mentioned as Rs. 48,37,276/- and 5 times of the value of export obligation within the five years would come to Rs. 2,41,86,380/-. He further submitted that the average export during the preceding 3 years from the date of import i.e. 87-88, 88-89, and 89-90 as per the Chartered Accountant's certi....