9911796707
TMI Blog2006 (11) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal has been filed by the sole proprietor of M/s. Jaina International, Shri Om Prakash, challenging the order of the Commissioner, by which a penalty of Rs. Four lakh was imposed on M/s. Jaina International, under Section 114 of the Customs Act, 1962, and a penalty of Rs. One lakh was imposed under the same provision on Shri Om Prakash Jain, the sole proprietor of the said concern. 2. Ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... crips on the basis of these forged certificates. M/s. Jaina International had exported the goods in violation of the provisions of Section 18(1)(a) of the Foreign Exchange Regulation Act, 1973, read With Notification issued thereunder on 1-1-1974. As per the said provision and the notification issued thereunder, exports, otherwise than by post, of all goods, either directly or indirectly to any pl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contravention of the prohibition imposed under Section 18(1)(a) of the FERA, 1973 read with Notification No. GSR 78 dated 1-1-74 issued thereunder. In case of Shipping bill Nos. 1067244 dated 28-9-99, 1066560 dated 23-9-99, 1076094 dated 1442-99 and 1764 dated 21-7-99, the foreign exchange was not realized within six months, as required by Rule 8 of the Foreign Exchange Regulation Rules, 1974 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e are false in material particulars, and had employed fraudulent means to obtain the DEPB licence from the adjudicating authority. The goods were, therefore, clearly liable to confiscation as rightly held by the Commissioner and, therefore, the exporter M/s. Jaina International was liable to penal action, There is, therefore, no warrant to interfere with the impugned order imposing penalty on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the exporter, M/s. Jaina International, which is now a proprietory concern of the appellant, the separate penalty of Rs. One lakh imposed on the appellant is set aside while confirming the penalty of Rs. 4 laths imposed on the appellant, M/s. Jaina International for which he is liable as the former partner of the said exporter firm. The appeal is disposed of accordingly/ (Pronounced and dictat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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