2015 (4) TMI 770

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.... of silk carpet in terms of Shipping Bill No. 2104530 and 2104768 both dated 2.1.2010 declaring FOB of Rs. 57,92,394/- and Rs. 92,90,813/- claiming duty drawback of Rs. 8,39,897/- and Rs. 13,47,168/- respectively it was found that neither such quantities were available in the exporting consignments nor the values declared were correct. 2. Upon detection by customs as above, immediately on 6.1.2010, exporters filed revised Shipping Bill declaring lower quantities of the above goods covered by the above said Shipping Bills. The revision revealed that there was excess declaration of 142 pieces in Shipping Bill No. 2104530 and 64 pieces in Shipping Bill No. 2104768 originally filed. Customs noticed that there was resultant misdeclaration of ....

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....nd appellant would have made claim of higher amount of duty drawback at the cost of the exchequer. When entries in invoice and packing list details were wrong, that brought out the case of misdeclaration. No prudent exporter shall export higher quantity than the real exportable quantity when he was not paid for such higher quantity. Lower quantity was evidently exportable as per revised invoice as well as packing list filed subsequent to check by customs. Therefore deliberate misdeclaration made by appellant invited provision of section 113(i) and section 113(ii) of Customs Act, 1962. Accordingly, the appellant is not only liable to redemption fine in view of confiscation warranted by law, but also liable to penalty under law.  When le....

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.... would result in illegal/irregular transactions in foreign currency. 8. Revenue is correct to submit that there was violation of provision of section 113(i) and 113(ii) of Customs Act, 1962 since there was a misdeclaration of the quantity and value of the goods with material departure to the particulars relating to quantity and value of the goods being attempted to be exported under drawback claim not corresponding in material particular with the information furnished in the export documents. Revenue s contention that appellant acted deliberately cannot be ruled out for the reason that an exporter who has not remitted higher amount of foreign exchange to this country does not expect higher quantity of goods with higher value. Accordingly....