2011 (5) TMI 471

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....ahendrabhai Zhaverbhai Shah, filed these appeals along with stay petition against the Order-in-Appeal No. KS/58-60/SRT-II/2010, dt.16/20.4.10.   2. The facts, in brief, are that the appellants are 100% EOU manufacturing polyester texturised yarn and polyester twisted yarn. On physical verification of the stock, shortage of 5,501 kgs of POY was found. Customs duty amounting to Rs.3,19,950/-....

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.... they mainly prayed to set aside the redemption fine and for reducing personal penalties.   4. I have gone through the details of the case, various documents and submissions made by the appellant. The main contention of the appellant was against redemption fine. It is an accepted fact that there was a shortage of 5,501 kgs of POY. The goods were allegedly removed without payment of duty an....

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....goods are not at all available even for seizure, there is no question of any redemption fine. Redemption fine relates only to goods which are seized/confiscated and released.   5. It does not appeal to me in terms of both in logic and law that the goods not seized can be confiscated and subsequently released on redemption fine. Redemption fine is possible only in respect of goods seized an....