2008 (9) TMI 653

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....r per : Archana Wadhwa, Member (J)]. - Appellants have made a prayer to decide the matter on the basis of records. Accordingly, we have heard ld. SDR and have gone through the impugned order. 2. As per facts on record, appellant is a 100% EOU. Inasmuch as they removed the goods without any duty paying documents, proceedings were initiated against them which resulted in confirmation of dem....

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....m on the ground that duty confirmation under Section 28 was set aside by Commissioner (Appeals) but the option to redeem the goods was upheld in terms of the provisions of Section 125. When such option is exercised by the assessee, the same has to be exercised on payment of fine as also duty in terms of Section 125(2) of the Customs Act, 1962. Admittedly the appellants have exercised their option ....