2016 (12) TMI 965

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....nt. Shri K. C. Jena, ADC (AR) for the Respondent. ORDER Per Shri H.K. Thakur This appeal has been filed by the appellant against OIA No. 153/CUS (Apprg)/KOL(P)/2015 dated 29/01/2014 passed by Commissioner (Appeals), Strand Road, Kolkata as first appellate authority. Under this OIA dt 29/01/2014 first appellate authority reduced redemption fine to Rs. 1, 50,000/- & penalty to Rs. 50,000....

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....s the goods were ultimately exported out of India after rectification. 3. Sh. K. C. Jena ADC (AR) appearing on behalf of Revenue argued that appellant has not fulfilled the export condition of the exemption notification. That demand cannot be time barred as PD bond was executed at the time of import. That redemption fine & penalties have been correctly imposed as appellant has violated the cond....

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....is observed that all the relevant details were declared by the appellant at the time of clearance of goods. A delay in exporting the goods will make a case of demand of duty & interest and will not attract confiscation or imposition of penalty upon the appellant. According. Redemption fine imposed & penalty imposed upon the appellant is set aside. 5. Appellant also contended that if they are ma....