2002 (5) TMI 169

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....ies entertained a view that the appellants had attempted to illegally export the Indian currencies outside India and accordingly the same were seized. 2. Show cause notice was issued to the appellants proposing confiscation of the Indian currencies and imposition of personal penalties upon the appellants. The show cause notice was adjudicated upon by the Joint Commissioner of Customs, Calcutta vide which he concluded that the said Indian currency was being taken by the appellants to Bhutan in discharge of bona fide transaction in fulfilment of his business obligation and bona fide business transaction in Indian Rupee is legally covered by the provisions of agreement/treaty of trade and commerce between the Govt. of India and Bhutan; ther....

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....eem the same on payment of redemption fine. 6. Shri A.K. Pandit, ld. JDR appearing for the Revenue submits that in terms of Reserve Bank Notification and the Indo-Bhutan Treaty, transaction in Indian Rupees without seeking the permission of the RBI is permissible, but there is nothing in the said provisions to allow any person to take Indian cash to outside country. The Commissioner (Appeals) has taken a right view that such transactions have to be through negotiable instruments. He submits that the notification issued by Reserve Bank of India does not permit any person to take or send out of India currency notes of Govt. of India up to an amount not exceeding to Rs. 1,000/- (Rupees one thousand) per person at any one time. He submits th....

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....upees one thousand) per person at any one time. The said notification only permits taking of currency more than this to Nepal. As such in my views the Commissioner (Appeals) has rightly analysed the legal provisions and have rightly concluded that taking of Indian currency more than Rs. 1,000/- (Rupees one thousand) to Bhutan was in violation of the legal provisions. 8. As regards the absolute confiscation of the Indian currency the appellants have pleaded that the same was being exported by the appellants under a bona fide belief and in fulfilment of their bona fide business transactions with Bhutanese nationals. As such they have pleaded for release of the currency upon nominal redemption fine. I find that the Asstt. Commr. has already....