TaxTMI 
TaxTMI 
2025 (11) TMI 970
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....light on 30.09.2000 and was intercepted by CISF Officers while conducting the security check on the plea that he was carrying foreign currency i.e. 36,405 USD in his hand baggage. After inverntorizing the foreign currency, the appellant was handed over to Customs Authorities. The Customs Authorities have seized the foreign currency. 3. The appellant, in his statement informed that he was in JNTU, Hyderabad as a Professor till 2000 and after retirement, went to USA and is working in the USA on a salary of USD 300 per week for the past five years; that he visited India 4 times during the death of his family members. He owns a flat and lives there whenever he comes to India, he brought foreign currency for his expenses and kept the remainin....
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....ited provision of Section 6(4) and (5) of the Foreign Exchange Management Act 1999 that is as follows: (4) A person resident in India may hold, own, transfer or invest in foreign currency, foreign security or any immovable property situated outside India if such currency, security or property was acquired, held or owned by such person when he was resident outside India or inherited from a person who was resident outside India. (5) A person resident outside India may hold, own, transfer or invest in Indian currency, security or any immovable property situated in India if such currency, security or property was acquired, held or owned by such person when he was resident in India or inherited from a person who was resident in....
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....Deputy Commissioner and officers of the Directorate General of Revenue Intelligence not below the rank of Deputy Director, to exercise the powers conferred under the Act for the contravention referred to in clause (g) of sub-section (3) of section 6 and clause (a) of sub-section (1) of section 7 of the said Act in accordance with the provisions of section 38(1) of the said Act." 10. CESTAT, Chennai in the case of Commissioner of Customs, Trichy Vs L. Raj Kumar [2013 (12) TMI 1459 -CESTAT - Chennai], after following the above legal provision, the proceedings were set aside in that matter. 11. Learned Counsel for the appellant submits that provision of Section 113(d), (e) and (h) are not applicable in this matter, since the foreign curr....
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....to Deputy Commissioner. In the instant case, it is clear from the SCN that the AIU Officer have verified the quantity of foreign currency and the Officer of AIU, RGIA on reasonable belief found that the above mentioned currency was attempted to smuggle. Statement of the appellant also recorded by Superintendent of Customs (Air Intelligence Unit of RGIA, Hyderabad on 30.09.2020), therefore, enquiry was made by the Officer of AIU. Learned Counsel for the appellant relied on Notification S.O. 1156(E) dated 26.12.2000 as issued under Section 38, it is mentioned in Para 9, supra. As per notification, Customs and Central Excise Officers not below the rank of Deputy Commissioner are competent to investigate such cases, although, SCN was issued by ....
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....ncy is not a notified item under Section 123 of the Customs Act and thus the onus is on the Revenue to establish that the said foreign currency has not been obtained from the authorize sources, particularly, when appellant has canvassing his case that it is his own foreign currency. Appellant was a professor till 2000 in JNT University, Hyderabad and thereafter went to USA and working in USA on the salary of USD 300 per week for the past 5 years. Therefore, he have authorized source of income for seized foreign currency. There is no any evidence that the seized currency was in the nature of smuggled. 18. Learned AR for the Department relied on Sucha Singh Vs Asst Collector of Customs, Amritsar, supra, but it is distinguishable, since no ....