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2004 (8) TMI 600

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....he Applicant. Shri D.K.S. Chauhan, IO, for the Respondent. [Order]. -  The above mentioned applicants have filed applications for settlement of proceedings initiated under SCN No. DRI/BZU/E/14/2003/727, dated 29-1-2004 of DRI, Mumbai Zonal Unit. They were admitted vide this Bench's Order No. 38/2004-Cus., dated 27-5-2004. 2. The brief facts of the case material for settlement are tha....

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....s confiscation of the said horses, to charge interest and to impose penalties on the main applicant and the co-applicants referred to above, all under the provisions cited in the Notice. 3. The applications admit the allegations in the SCN as well as the entire duty liability proposed to be demanded vide the SCN. Therefore, the Bench does not find it necessary to go into the merits of the al....

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....the SCN and accordingly, are entitled to immunities from penalty, interest and prosecution. In the application they have also sought for immunity from confiscation. 4. The Bench has considered the pleas of the applicant. It is found that the main applicant has not only accepted the allegations made against them in the SCN, but also the entire duly liability proposed to be demanded from them.....

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....ant is given liberty to apply to the appropriate authority for refund of balance amount of Rs. 5,91,152/-(from out of the original deposit amount of Rs. 44,26,180/-), who shall consider the same as per law, on receipt of the said application. (ii)    Immunity is granted in terms of Section 127H(1) of the Customs Act, 1962 to M/s. Kehelan Stud Livestock Agricultural Farm, Bangalore ....