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Issues:
- Challenge against order confiscating foreign currency - Allegation of attempting to smuggle out foreign currency - Non-declaration of foreign currency at the time of departure - Adjudication without issuing a show cause notice - Retraction of statement given to DRI - Violation of Customs Act and Foreign Exchange Regulation Act - Reduction of penalty amount Confiscation of Foreign Currency: The appellant challenged the order passed by the Commissioner (Appeals) affirming the confiscation of foreign currency equivalent to Rs. 5,34,520 recovered from the appellant. The foreign currency was seized from the appellant at Hyderabad Airport while he was about to board a flight to Riyadh, accompanied by his family. The appellant contended that he did not declare the foreign currency on departure as he had brought it to India earlier. However, the adjudicating authority held him guilty of non-declaration, leading to confiscation under Section 113(d) of the Customs Act, 1962. The Commissioner (Appeals) upheld the confiscation under Section 113(d) and imposed a penalty under Section 114, reducing it from Rs. 1,50,000 to Rs. 75,000. Attempted Smuggling and Non-Declaration: The appellant claimed that the foreign currency he possessed was brought to India earlier for acquiring property and was being taken back due to being unable to make the purchase. However, the authorities found discrepancies in his explanation. The appellant failed to substantiate his claim of bringing foreign currency worth 12000 US $ on arrival in India. Despite his assertion of bringing 20000 Saudi Riyals earlier, the amount recovered exceeded that figure. The appellant's retraction of statements was not deemed bona fide, and his inability to explain the additional foreign currency led to the conclusion that he attempted to export currency in violation of relevant laws. Violation of Customs Act and Penalty Reduction: The Commissioner (Appeals) concluded that the appellant had tried to export foreign currency outside India in contravention of the Customs Act and Foreign Exchange Regulation Act. The penalty was reduced to Rs. 75,000 from Rs. 1,50,000. The Appellate Tribunal found no merit in the appellant's contentions, upholding the lower authorities' reliance on the appellant's statements and the presence of unexplained foreign currency. Considering the nature of the offense and the attempted unauthorized export of foreign currency, the Tribunal dismissed the appeal, affirming the penalty amount and the confiscation of the foreign currency. This detailed analysis covers the issues of challenge against the order, attempted smuggling, non-declaration of currency, violation of relevant laws, and the reduction of penalty, providing a comprehensive overview of the judgment delivered by the Appellate Tribunal CESTAT, BANGALORE.
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