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TMI Blog2000 (11) TMI 870X X X X Extracts X X X X X X X X Extracts X X X X ..... per : Gowri Shankar, Member (T)]. The appeal is against the order of the Commissioner (Appeals) holding that the plastic kidney dishes exported by the appellant were liable to confiscation under clause (d) of Section 113 of the Act, declaring the export value of the goods to Rs. 9.45 lacs and not Rs. as claimed by the appellant, and imposing a penalty on the appellant. 2. The reason advan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d be endorsed on the DEEC book. In our judgment, this requirement is the one that governs the grant of licence. The name of the supporting manufacturer is obviously written on the DEEC book to enable the authorities to verify particulars like the manufacturers of the goods in order to check whether the goods have been disposed of in an unauthorized manner. 4. However, we need not really pursue t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods, and consequent penalty. 5. We are told that the licence has, in fact, not been made use. We are therefore only concerned with whether the exported goods were liable to confiscation. They are clearly not in the absence of any such provision. 6. The Commissioner s second conclusion, that by overdeclaring the value of the goods, the provisions of Sec. 18(1) of the Foreign Exchange Regulati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and other judgments of the Courts and the decisions of the Tribunal, the Larger Bench has concluded that the decision in MVT International v CC is the correct exposition of law and that the decision in Galani Infin. Pvt. Ltd. not good law. Applying the ratio of this decision, it will follow that there was no contravention of Section 18(1) of the Foreign Exchange Regulation Act, 1973 by virtue of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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