2024 (2) TMI 626

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.... the Appellant: Mr. Hapreet Singh, Senior Standing Counsel with Mr. Suhani Mathu, Mr. Jatin Kumar Gaur, Mr. Gupreet Singh Gulati and Mr. Akshay Saxena, Advocates. For the Respondent: Mr. Rajshekhar Rao, Senior Advocate with Mr. Arjun Raghavendra, Jayant Kumar, Mr. Piyush Deshpande, Ms. Hemlata Rawat and Ms. Yamini Mookherjee, Advocates. JUDGMENT SANJEEV SACHDEVA, J. (ORAL)  1. App....

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....value of consignment plus 20% in lieu of penalty thereon, to the department. 3. That the provisional release by the department, shall be done within two weeks of compliance and documentation of formalities as per para (1) and (2) above, by the appellant." 2. Directorate of Revenue Intelligence (DRI) had issued a Notification No. 96/2008-Customs, providing for Preferential Tariff Scheme....

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....ars were confiscated. The contention of the DRI was that the gold dore bars did not meet the requisite specification of weight as well as purity. 6. This was disputed by the respondent in respect of 26 gold dore bars. In respect of 1 gold dore bar, the gold dore bar admittedly weighed 4.24 kgs. As per the respondent, there was no misdeclaration for the reason that the packaging of the said gold....

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....e authorities to have taken action. 9. Respondent had applied for a provisional release of the gold dore bars, however, the Principal Commissioner of Customs rejected the request for provisional release leading to the respondent approaching the Tribunal. 10. By the impugned order dated 05.12.2023, the Tribunal has considered the test report as well as the percentage of margin of error and th....