2015 (2) TMI 1081

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....neel Shah, CA Per : B.S.V.MURTHY Revenue is in appeal against the decision of the Commissioner (A) in the impugned order setting aside the redemption fine in lieu of confiscation and the penalty imposed under Section 112 of Customs Act, 1962. 2. The facts, in brief, of this case are that the assessee are an STP unit engaged in development of software/providing communication services, etc. In te....

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....sessee on the ground that the impugned goods received in excess were liable for confiscation under Section 111 of the Customs Act, 1962 apart from demanding appropriate duties with interest; penalty was also proposed on the assessee under Section 112 of the Act, ibid. Thereafter, proceedings were initiated resulting in imposition of penalty and fine in lieu of confiscation besides confirming the d....

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....ed the entire duty demand with interest even though they need not have paid the duty and interest being a 100% EOU and in view of the fact that goods were covered by the requirement certificate issued by the concerned authority. 4. Learned AR submits that once there are excess goods and such excess has not been declared in the bills of entry, goods are liable to be confiscated. Once the goods are....