9911796707
TMI Blog2014 (6) TMI 21X X X X Extracts X X X X X X X X Extracts X X X X ..... r they have borrowed money for this purpose - Appellants wanted to purchase lathes for their own business and they were not acting as carriers and there is no indication to show that smuggling was their regular occupation, a sympathetic view as regards penalty is called for and further in view of the precedent decisions cited by the learned counsel, the absolute confiscation of foreign currency and Indian currency in this case is not warranted . Relying upon T. Soundrarajan Vs. CC, Chennai [2007 (4) TMI 167 - CESTAT, CHENNAI] - A redemption fine of 15% in respect of S/Shri Anthony Domnick, Bheemappa Thyagarajan and Venkoba Rao would meet the ends of justice as far as foreign currency and Indian currency seized and confiscated from them i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 01/11/2005 in the presence of two independent witnesses after completion of their immigration and Customs formalities. On enquiry, the said four passengers had replied that they were not carrying foreign currency. All the four passengers handed over their passports, boarding cards and air tickets, and on perusal of the said documents it was seen that all the passengers were checked in together and were given adjacent seat numbers; that they were all going from Bangalore to Mumbai by AI 621 and from Mumbai to Frankfurt by AI 137 and all of them completed their immigration and Customs formalities. On verification of the passports, it was seen that Shri Venkoba Rao had an endorsement for travellers cheque of i. Shri Bheemappa Thyagarajan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heque since the cheques could not have been encashed and they could not have got the foreign currency. He also submits that the appellants were wrongly advised. Except Shri Raghu Gowda, other three appellants were making their first foreign trip and the omission on their part because of their ignorance may be condoned and penalty may be reduced to nominal amount and foreign currency seized may be released to them, if necessary on redemption fine. As regards Shri K.G. Venkatesh, he submits that he was working for a foreign exchange company and to earn some extra income he has done this and considering the margin that he would have got, a lenient view may be taken. He also relies upon several decisions to submit that absolute confiscation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le and is required. As regards the circular, I find that in the last sentence of the circular it has been stated Wherever foreign exchange is sold for a private visit it should invariably be endorsed on the traveller s passport under the authorized persons stamp, date and signature. Even though the learned counsel submitted that they were on business visit and business visit cannot be considered as a private visit, I am unable to accept this submission. In my opinion, unless the person is travelling on official duty or to perform a duty during the course of his employment, other visits have to be considered as private visits. In the absence of any precedent judicial pronouncements to the contrary, I have to follow my own understanding of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... them is concerned. As far as Shri Raghu Gowda is concerned, the learned AR submitted that he was travelling for the second time and he had done the same earlier also and he was the one who has advised the other three to indulge in such activity and therefore I find considerable force in her argument that he cannot be treated on par with the other three appellants who travelled abroad with him for whom it was the first trip. Therefore I consider that in his case the redemption fine should be 30%. 5. Coming to penalty, I find that if the penalties imposed on the appellants is reduced to the extent as indicated below would meet the ends of justice:- Name Penalty imposed Penalty reduced ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
