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2005 (4) TMI 183

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....Jyoti Balasundaram, Vice-President]. - Vide the impugned order the Commissioner of Customs, Air Cargo (Export), New Delhi has ordered confiscation of capital goods imported duty free in terms of Notification No. 133/94-Cus., dated 22-6-1994 with option to redeem the same on payment of fine of Rs. 5 crores and confirmed the Customs duty demand of Rs. 13,80,72,841/- together with interest on the gro....

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.... pay any duty at the present. They only contest the liability to penalty, submitting that the failure to fulfil the obligation to export atomized products from precious metals like gold and silver was due to the reason that in April 2000 the American Collaboration Company, M/s. Handy & Harman Refining Group Inc. USA was declared insolvent and therefore, there were no exports in the International B....