2002 (2) TMI 160

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...., President]. - Challenge in this appeal is against the Order-in-Appeal No. 42/Cus./CHD-2001, dated 21-6-2001 of Commissioner of Customs (Appeals), Chandigarh. The appellant imported two consignments of Zinc Oxide (rubber grade purity 99.5%) weighing 20,000 Kg. each and filed Bills of Entry No. 2538, dated 23-12-98 and 25-1-99 respectively through Nijjar Clearing and Shipping Agency, Ludhiana for ....

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....released provisionally on execution of Bond and Bank guarantee the fine was adjudged at the rate of Rs. 1 lakh in lieu of confiscation in respect of each Bill of Entry. The personal penalty of Rs. 1 lakh each in respect of each Bill of Entry was also imposed under Sections 112(a) and 112(b) read with Section 114A of the Customs Act, 1962. Aggrieved by the above order passed by the Commissioner (Ap....

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....eared through Customs House, Bombay. The learned Counsel brought to our notice that subsequent imports were made in March, April and May, 99 when the price has come down to 735 US$ per MTs. 3. It is contended on behalf of the appellant that in the light of the regular import made by the appellant which was showing a downward trend, as mentioned above, there was no justification for reject....

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....er Ltd. v. CCE, Mumbai [Final Order Nos. 9 to 11, 2002-A, dated 31-12-2001 - 2002 (141) E.L.T. 68 (Tribunal)]. 4. When the matter was heard on an earlier occasion we had directed the learned Departmental Representative to get information as to whether any import other than the one made by Ralco Exports, Ludhiana was made which would show a higher transaction value. The ld. Departmental Re....