2007 (10) TMI 85

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....2991 dated 3-7-2006 for clearance of 417 pieces of Diamond studded gold jewellery. This jewellery was sent for exhibition at U.S.A. vide Shipping Bill No. 46701 dated 28-2-2006, after permission from Development Commissioner vide letter No. SEEPZ /IA(I) /NUS/APL/GJ-50/89/325 dated 21-2-2006, under provisions of para 7.14(i) of the EXIM Policy and Para 7.2 of Handbook of Procedures to participate i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he goods in the stipulated time frame. 4. During the intervening period, SEZ Rules 2006 became operational with effect from 10-2-2006. In SEZ Rules, as per para 9(iv) the stipulated time is only 45 days from the date of closure of the exhibition. The policy provision which was existing in Foreign Trade Policy 2004-09, is no more in place with effect from 1-4-2006 as the Foreign Trade Policy 200....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d the appellants are liable to penal action under Section 112(a) of the Act. 6. In view of the above, the appellants were called upon to show cause the Commissioner of Customs, Airport, Mumbai as to why : (a) the goods (Diamonds studded gold jewellery) totally valued at Rs. 44,74,174/- should not be confiscated under Section 111(d) and Section 111(o) read with Section 2(33) of the Act; (b....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he foreign exchange involved. They had also written to the concerned authorities for the extension of time for re-import vide their letters dated 15-4-2006 and 10-5-2006, which was duly acknowledged, but no reply was received by them. They also contended that no previous office cases have been noticed against them and, therefore, the case warrants taking a further lenient view. 10. I have exami....