2011 (5) TMI 449

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....h Mohan, Authorised Representative (SDR), for Revenue   Per: S.S. Kang   The assessee as well as the Revenue filed appeals against the same impugned order and they are therefore taken up together.   2. The brief facts of the case are that M/s. Rinaissance Gem & Jewellery Exports Pvt. Ltd. made import of primary gold by availing the benefit of Notification No.177/94-Cus. dat....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....espect of the primary gold found short and imposed penalties.   3. The appellant filed appeal against the adjudication order. The Revenue also filed appeal for enhancement of the penalty.   4. The contention of the appellant is that as per the provisions of the Notification, 9% wastage is allowed in respect of studded jewellery and articles thereof. In the present case, the studded....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... violated the conditions of the Notification.   6. We find that the main issue raised by the appellant is that whether 9% wastage on export of studded jewellery was taken into consideration while arriving at the shortage of the gold. The statement prepared at the time of verification is about total import of gold, total export, gold recovered from dust, gold in stock and the finding and mo....