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2005 (2) TMI 819 - DELHI HIGH COURTPenalty - breach of non-furnishing of the original Bills of Entry - contravention of Sections 8(3) and 8(4) of Foreign Exchange Regulation Act, 1973 - HELD THAT:- Petitioners submit that original Bills of Entry had also been tendered but they were not having the receipt for the same as the same had been misplaced and was not traceable. However, petitioners had duly furnished the copies of Bills of Lading, Invoices. The photocopy of Exchange Control copy of the Bill of Entry duly carried endorsement by the Customs Authorities of the clearance of the goods. Mr. Sharma also submitted that the Bank itself had failed to comply with the procedure. Thus, there was hardly any doubt left regarding genuineness of the transactions which fact is not even disputed by the respondents. In these circumstances, the omission of the petitioners is merely a procedural irregularity. Thus, the impugned order is not sustainable and is liable to be set aside and is quashed. Counsel for the petitioner submits that as a genuine recompense for the lapse committed by the petitioners in not furnishing original receipt for Bill of Entry, they would deposit a sum of ₹ 5000/- in the Prime Minister's National Relief Fund for Tsunami Victims. Let this be done in two weeks. Petition stands allowed in the above terms.
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