Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
The AT upheld findings that the Appellant diverted duty-free imported silk yarn to the domestic market and exported non-declared goods, constituting contraventions of s.3(b) and s.3(d) of FEMA, and confirmed liability for both contraventions. Noting humanitarian and economic considerations, the AT reiterated an earlier waiver of the pre-deposit requirement and, on merits, reduced the cumulative penalty from Rs.12,00,000 to Rs.6,00,000, apportioned at Rs.3,00,000 for each contravention. The appeal was partly allowed to the extent of penalty reduction; all parties are anonymized and the substantive finding of misuse of 100% EOU entitlements and resultant foreign exchange ramifications was maintained.
The AT upheld findings that the Appellant diverted duty-free imported silk yarn to the domestic market and exported non-declared goods, constituting contraventions of s.3(b) and s.3(d) of FEMA, and confirmed liability for both contraventions. Noting humanitarian and economic considerations, the AT reiterated an earlier waiver of the pre-deposit requirement and, on merits, reduced the cumulative penalty from Rs.12,00,000 to Rs.6,00,000, apportioned at Rs.3,00,000 for each contravention. The appeal was partly allowed to the extent of penalty reduction; all parties are anonymized and the substantive finding of misuse of 100% EOU entitlements and resultant foreign exchange ramifications was maintained.
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