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TMI Blog2013 (8) TMI 211X X X X Extracts X X X X X X X X Extracts X X X X ..... lant filed a shipping bill for export of 1900 pieces of casuarina wood poles (central poles for building construction). They also indicated the size of each pole on 12 feet and diameter 3.5 inches and above at one end. The consignment was examined and allowed to be stuffed in the container and the officer examining the consignment did not indicate any difference of opinion as regards the declarati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tage itself. Accordingly, the requirement for pre-deposit is waived and the appeal is taken for final decision. 2. I have considered the submissions made by both sides. The question to be decided in this case is whether the items presented for export can be considered to be prohibited and if so, there was a misdeclaration or an attempt to export prohibited goods by the appellant justifying the im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntion to the clarification issued by DGFT who has also taken a view that the items proposed to be exported are not covered by the Foreign Trade Policy. This clarification was received by the appellant by making an application under RTI Act and according to the learned Addl. Commissioner (AR) reply given under RTI Act cannot be considered as valid. It is also not in dispute that the appellant had e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the nature, quality of the tree. Under these circumstances, it cannot be said that appellant have mis-declared the description. I am not able to agree with the submissions that a reply given under RTI Act cannot be given any authenticity or value. If that is the case, there is no use for seeking information under RTI Act. If the Government Departments are going to give wrong information under R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the appellants genuinely believed that the same was not prohibited. In the absence of any mis-declaration or deliberate attempt to export goods which are prohibited without having any ground for a belief that the same are not prohibited, imposition of fine and penalty cannot be sustained. Accordingly, the confiscation is set aside and redemption fine and penalty are also consequently set aside. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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