2008 (8) TMI 692

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....ent. [Order]. - The appellants have made a prayer for deciding the appeal on merit. Accordingly, I have heard learned SDR and have gone through the impugned order. 2. As per facts on record, the officers searched one godown belonging to Shri N.Y. Thakkar and found 3408 kgs. of polyester film yarn of Toplan brand. On enquiry, Shri N.Y. Thakkar, deposed that the said goods were transpo....

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....s, alleging same to be smuggled and for imposition of penalty. The show cause notice culminated into an impugned order passed by Additional Commissioner confiscating same valued at Rs. 3,37,392/- with an option to the appellant Shri A.N. Waghbakriwala to redeem the same on payment of redemption fine of Rs. 85,000/- and customs duty of Rs. 1,18,644/-. In addition, personal penalty of Rs. 25,000/- w....

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....lm yarn is a notified item in terms of Section 123 of Customs Act and as such onus lies upon the person from whom they have seized, to establish that the same are duty free. In absence of such proof, the same has to be held as non-duty paid smuggled item. In as much as it stand established that the bill of entry produced by the appellant does not cover the seized goods, the same have to be held as....