2008 (1) TMI 661

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....ppellant. Shri M.K.A.K. Mohideen, JDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - Shri K. Balakishan Raju, Assistant Commissioner of Customs (Refunds) in the office of the Commissioner of Customs (Seaport - Export), Chennai enters personal appearance and files an affidavit, wherein he states inter alia that he passed Order-in-Original No. 6954/2007 dated 4-12-2007, in te....

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....iginal, he thought he was acting in accordance with law. It is his further submission that, in any case, the above Order-in-Original is appealable and its correctness can be tested before the appellate forum. The officer concludes by expressing his 'deep regret and apologies'. Shri M.K.A.K. Mohideen, JDR, has also made submissions in defence of the officer who passed Order-in-Original No. 6954/200....

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.... After hearing the DR who pointed out that the Department's proposal to recover an amount of over Rs. 42.00 lacs as duty on scrap stolen from the EOU premises, by way of adjustment against refund, we had passed Miscellaneous Order dated 20-11-2007, wherein a reasonable time was given to the Commissioner to ensure that the relief consequential to our Final Order dated 30-11-2006 was granted to the ....