2011 (3) TMI 845

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....per : Akil Kureshi, J. (Oral)]. - Revenue is in appeal against judgement of the tribunal dated 30-10-2009 raising following questions : "(A) Whether the Hon'ble CESTAT is competent to relax the statutory prohibition imposed by the Government of India regarding import of Indian currency in excess of Rs. 5,000/- per person while entering into India as per Notification No. FEMA 6/RB -2000 ....

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....of the Act of Rs. 10,000/-. Respondent carried the issue in appeal before the Tribunal. Tribunal by impugned order reduced the fine in lieu of confiscation of Rs. 10,000/- and penalty of Rs. 1000/- observing that appellant had declared the currency and that therefore, lenient view should be taken. Tribunal relied on other decisions to suggest that even otherwise absolute confiscation was not warra....