9911796707
TMI Blog2006 (7) TMI 485X X X X Extracts X X X X X X X X Extracts X X X X ..... on 2-11-99. The appellants applied for permission to DGFT, New Delhi on 3-10-2002 for export of buffaloes to Nepal. He also applied for Registration-cum-membership certificate to FIEO on 21-9-2000. The appellant on the strength of all these above documents, submitted an application to the Suptd., LCS, Nepalganj Road, Behraich for export of buffaloes to Nepal. On the application of the appellant the officer of LCS, Behraich allowed export of buffaloes to Nepal. Subsequent investigations indicated that the export of cattle is restricted for export, and licence is required from licensing authorities. On detection of such unauthorized and illegal exportation, appellant s statement was recorded and he was issued show cause notice proposing the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... automatically get confiscated under Section 121 of the Customs Act. 5. Considered the submissions made at length by both sides and perused the record. I find from the record that the appellant had on 16-1-2004 sought permission from the Suptd. of Customs for export of buffaloes. While asking the permission he had attached with the application photocopy of IEC number granted to him and membership-cum-registration certificate of FIEO. It is seen that he did not attach the application made by him to the DGFT for permission to export buffaloes to Nepal. To my mind the appellant had sought to withhold acknowledgement given by the DGFT regarding application for permission for export of buffaloes to Nepal intentionally. The Suptd. of Customs, Ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... how cause notice at paragraph 15 reads as under :- Now, therefore, Shri Mohammad Hasan s/o Sh. Mohammad Umar R/o Chikwa Tola, Nanpara, District - Bahraich is directed to show cause to the Joint Commissioner of Customs, CGO Complex (5th Floor), Sector H within 30 (Thirty) days from the date of receipt of this notice, as to why he should not be penalized under Section 114(i) of the Customs Act, 1962 for his deliberate act of illegal export of buffaloes from India to Nepal, by suppressing the vital facts from the Department as discussed above in this Show Cause Notice, in contravention of the provisions of Section 11(1) of the Foreign Trade (Development and Regulation) Act, 1992 and Table B of the Schedule 2 of Export and Import Policy ..... X X X X Extracts X X X X X X X X Extracts X X X X
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