Unlawful outward remittances via Hawala using proforma invoices and electronic records proved; documents admitted, directors penalised, penalties redu...
Attachment of equivalent-value properties as proceeds of crime upheld; preventive attachment order and confirmation sustained; no independent ED reinv...
Tribunal held that where original goods were exported, a replacement consignment was subsequently exported and the defective originals were re-imported, and a chartered accountant certified no extra charge and that export benefits were claimed only once, the re-importation falls under the provision for replacement consignments (Sr. No. 5) rather than the general re-importation entry (Sr. No. 1). Consequently the appellant may retain the export benefits taken on the original export, is not liable to reverse them with interest, and the amount surrendered to clear the re-imported goods must be refunded on application.
Tribunal held that where original goods were exported, a replacement consignment was subsequently exported and the defective originals were re-imported, and a chartered accountant certified no extra charge and that export benefits were claimed only once, the re-importation falls under the provision for replacement consignments (Sr. No. 5) rather than the general re-importation entry (Sr. No. 1). Consequently the appellant may retain the export benefits taken on the original export, is not liable to reverse them with interest, and the amount surrendered to clear the re-imported goods must be refunded on application.
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