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    <title>2005 (12) TMI 612 - APPELLATE TRIBUNAL FOR FOREIGN EXCHANGE, NEW DELHI</title>
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    <description>Export of goods outside India created an obligation to repatriate the sale proceeds, and liability did not depend on actual delivery to the foreign buyer. The failure to take delivery, or an asserted auction sale by Singapore Customs, did not relieve the exporter of the duty to account for and repatriate the value realised from the goods. The statutory presumption under section 18(3) of the Foreign Exchange Regulation Act operated against the exporter, and no satisfactory evidence was produced to rebut it. The penalty was considered proportionate because it was below the unrepatriated amount, so the contravention finding and penalty were upheld.</description>
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      <description>Export of goods outside India created an obligation to repatriate the sale proceeds, and liability did not depend on actual delivery to the foreign buyer. The failure to take delivery, or an asserted auction sale by Singapore Customs, did not relieve the exporter of the duty to account for and repatriate the value realised from the goods. The statutory presumption under section 18(3) of the Foreign Exchange Regulation Act operated against the exporter, and no satisfactory evidence was produced to rebut it. The penalty was considered proportionate because it was below the unrepatriated amount, so the contravention finding and penalty were upheld.</description>
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