2012 (3) TMI 42

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....spondent : Shri Jatin Mahajan, Advocate   Per Mathew John:   In this case, a consignment of rough diamond was received in Jaipur air cargo consigned to M/s Unique Ornaments. The import policy in respect of such goods, as notified by Notification No. 21/2002-07 dated 26.2.2002 issued by DGFT amending para 2.2 of Export and Import Policy is that its import is allowed only if the cons....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ssed inability to intervene in the matter. Therefore the goods were absolutely confiscated and penalty of Rs. One lakh was imposed on the consignee, that is the Respondents, under Section 112 of the Customs Act.   2. The Respondents submits that in this case they were not at fault because they were under the impression that the consignor had KP certificate with them and that is why the ord....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s cannot be exported back because the presumption is that this diamond has been obtained unlawfully with intention to do money laundering. Revenue requests to set aside the order of Commissioner (Appeals) allowing re-export and restore the order of absolute confiscation. In the matter of penalty, Revenue s contention is that the Respondents have wilfully imported the goods and, therefore, penalty ....