TaxTMI 
TaxTMI 
2026 (9) TMI 565
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....rti Trading Company imported pressure water pumps through Air Cargo Bangalore. On receipt of intelligence, investigations were carried on by the Directorate of Revenue Intelligence who intercepted the consignment covered under Bill of Entry No. 5089136 dated 29.04.2016 and on verification, it was found that there were 24 carton boxes of pumps and it was noticed that gold was concealed in 8 pumps out of 24 pumps where 120 numbers of yellow coloured metal pieces with marking "AI ETIHAD DUBAI UAE 10 TOLA 999.0" was found to be concealed among these pumps. The gold found was totally weighing 13,996.80 grams valued at Rs.4.25 crores along with 24 numbers of "ANLU Brand pressure washer pumps for house hold cleaning", which were used for concealin....
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....reiterating the findings of the Commissioner (Appeal) submits that the appellant had violated the provisions of the Policy Circular No. 6 (RE-2013)/2009-2014 dated 16.09.2013 issued by Joint Director General of Foreign Trade wherein the circular clearly bars the appellant from lending their IEC to other importers. He also relies of the decision of this Tribunal in the case of K.V. Shivaraj, Proprietor of M/s. SJ International Vs. Commissioner of Customs, Coimbatore: 2016 (6) TMI 810 - CESTAT Chennai. Also, he submits that the appeal of M/s. Bharati Trading Company along with appeal of Mr. K. Naser was disposed of by this Bench vide Final Order No.20976-20977/2023 dated 10.10.2023 wherein the penalty imposed under Section 114AA was reduced f....
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....n of provisions of Foreign Trade Policy. 2. As per the Section 7 of The Foreign Trade (Development and Regulation) Act, 1992, as amended in 2010 read along with Rule 12 of Foreign Trade (Regulation) Rules, 1993 every person should make import or export only with Importer-exporter Code Number allotted to him. This has been further amplified by Para 2.9.2 of Handbook of Procedures, Vol.1, 2009-14 which states that an IEC number allotted to an applicant is valid for all its branches / divisions/units/factories. Therefore, the IEC Number cannot be used by anyone other the IEC holder himself/herself. 3. In view of the above, use of IEC by the person other than IEC holder himself is a violation of the above provisions and would ....