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2017 (11) TMI 304

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..... nsiders it proper, such cases may be referred to Special Investigation Team (SIT - Black Money) for further investigation, so that Hawala Operators masquerading their identity shall be brought to the fold of economic offence and face trial - appeal dismissed - decided against appellant. - C/85230/17 - A/89995/17/SMB - Dated:- 8-9-2017 - Dr. D.N. Panda, Judicial Member None, for Appellant Shri V.K. Agarwal, Addl. Commissioner (AR) with Shri S.J. Sahoo, AC (AR), for Respondent ORDER Per: Dr. D.N. Panda None present for the appellant despite notice has gone. 2. Record reveals that a Focus License No.1310041285 was obtained from DGFT under fraud submitting fabricated and bogus shipping bill, which were never su .....

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..... le to the duty lost by Revenue along with transferor under Section 28AAA of the said Act, suitable provision may be enacted with deterrent penal consequence and cognizance of such cases of money laundering may be taken by the proper officer appointed under Customs Act, 1962 at the first instance. Authority for preliminary investigation by such proper officer into the matter under Prevention of Money Laundering Act, 2002 and transmission of outcome of his enquiry to the Enforcement Directorate for further in depth investigation shall serve a long way. Such measure shall save the economy from the hands of fraudsters. Registry is directed to send a copy of this order to the Secretary, Department of Revenue, Ministry of Finance, Governm .....

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..... ilable . M/s Excellent Impex (IEC 0503039721) categorically refused to have filed the respective shipping bills mentioned on the Focus Licenses issued to them. Moreover, UCO Bank, Ghaziabad had confirmed that the BRCs submitted for the procurement of the said Focus Licenses were bogus, as they never issued the same. Thus, it is evident that some fraudsters have duped DGFT, Customs and the importers by forging EDI shipping bills of JNCH and BRCs of UCO bank, stationery (letterheads etc.) RCMC Certificates of the Exporters etc and procuring Focus Licenses on the strength of the same. 4. The license issuing DGFT authorities were informed about the same and the said Focus Licenses issued the said IECs (as per the list of the FPS licenses .....

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