Just a moment...

Report
FeedbackReport
Bars
Logo TaxTMI
>
×

By creating an account you can:

Feedback/Report an Error
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

1997 (2) TMI 326

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ter, respondent in this appeal, filed two shipping bills for export of goods which were described as dyed printed polyester viscose blended fabrics. The warp and weft were declared to consist of polyester filament yarn of 75 denier and polyester sample blended yarn of 1.4 denier. Analysis of a sample of the goods tendered for export showed that the yarn was of higher denier and hence lower in qual....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....must be considered to be prohibited because they did not conform to the declaration which was required in terms of Section 50(2) of the Customs Act. Therefore, the goods became liable to confiscation. Further, by the notification issued in terms of Section 18(1)(a) of the Foreign Exchange Regulation Act, 1973, the Central Government prohibited export of goods in respect of which the exporter had n....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....en dealt with by the Supreme Court in its decision in Union of India v. Rai Bahadur Shreeram Durga Prasad (P) Ltd. CFC (S.C.) 188. The Court held therein that declaration under Section 12(1) (of the Foreign Exchange Regulation Act) is only to the effect that the amount representing the full export value of the goods has been or will be paid in the prescribed manner. Since, such a declaration had b....