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2005 (6) TMI 317

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....Oral)]. -  Both the appeals arise from common Order-in-appeal No. 22/2002, dated 25-1-2002 passed by the Commissioner (Appeals) rejecting the appellants claim for remission of duty claimed by the assessees in respect of OIO No. 98/97, dated 27-12-97 and OIO No. 99/97, dated 6-11-96. The adjudicating authority had confirmed duty demands of 44,496/- and 29,442/- under Section 45(3) of the Cust....

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....t was in sound condition and after due examination, the same was opened by the examiner in the presence of CHA and found the personal computer to be missing. The finding given by the authorities that this personal computer has been missing in the assessee's custody is totally wrong and is against the record and the examination report on the back of the BE. Learned SDR reiterated the findings. 2.&....

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.... appeal No. 128/02 arising from OIA 99/97 is concerned, it is seen that the demand of Rs. 29,442/- has been raised on 45 numbers of automation electroplating parts. The assessee again submitted in this matter that the same was stolen/pilfered. Learned Counsel submitted that there was a hole in the packet and due to faulty forklift handling, the contents could have been spilled over on the ground. ....