1984 (6) TMI 256

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.... ORDER This is an application filed under Section 130 of the Customs Act, 1962 for making a reference to the High Court on certain points said to be of law arising out of Tribunal's order dated 28-12-1983 in appeal No. CD (Mad.) 522/83. The points raised are : (1) Whether any penalty can be imposed under Section 116 of the Customs Act, 1962 on shorthanded goods when such goods are not charg....

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....ustified in the absence of any finding that the unaccounted goods had been smuggled into the country or had been sold in India or elsewhere ? (7) Whether on the facts and circumstances of the case, the imposition of penalty is warranted" (8) Whether the quantum of penalty is not excessive? 2. In respect of the questions (1) and (2) Shri Shanmugasundaram, Advocate, appearing for the a....

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.... is. 3. Questions (3) to (5) deal with the status of a Marine Note of Protest lodged by the Master and its effect in deciding a case of shortlanding under Section 116 of the Customs Act. In our order of 28-12-1983, we have dealt with this aspect in detail and found that in the factual circumstances of the case, the Note of Protest is of no avail in explaining the shortlanding of the bags. ....