9911796707
TMI Blog2019 (3) TMI 1239X X X X Extracts X X X X X X X X Extracts X X X X ..... dent s stand that foreign currency is not one of the notified items under Section 123 of the Customs Act and as such onus to prove their smuggled nature is on Revenue. In the absence of any evidences to that effect, he set aside the order of the Original Adjudicating Authority. Revenue has not advanced any evidence to show that the foreign currency, in question, was smuggled into the country. As such, the Commissioner (Appeals) is fully agreed upon that in the absence of such evidences, confiscation of the same cannot be uphold, neither penalties can be imposed upon respondents. Appeal dismissed - decided against Revenue. - C/STAY/70398, 70397, 70399, 70400, 70435/2018, Appeal Nos. C/71237, 71236, 71238, 71239, 71294/2018-CU[DB] - C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atement dated 12.04.2016 he deposed that the foreign currency in question was procured by him from M/s Gulam Rasool Travels, M/s Chaurasia Krishi Bhandar and M/s Goodluck Enterprises. 3. Subsequently investigations were further carried out and statements of various persons were recorded on the basis of which a show cause notice was issued proposing confiscation of the seized foreign currency and the seized Wagon-R vehicle along with imposition of penalties upon various noticees. The said show cause notice culminated into an order passed by the Original Adjudicating Authority confiscating the foreign currency as also the vehicle and imposing penalties of varying amount on the respondent. 4. The said order of the Original Adjudicating A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rein has to be a prohibition on import. The prohibition in FeMA on trading and possession of foreign currency will not come within the scope of Section 111(d) because this section deals with import and prohibition on import and no other prohibition 10. There is no evidence on record to prove improper importation of the impugned foreign currency. Therefore, the same cannot be confiscated under section 111(d) of the said Act. Consequently, there is also no ground to confiscate the impugned Indian currency and the Wagon-R vehicle and to impose penalty under section 112 of the said Act on the noticees. Thus, the impugned order is not sustainable and the same is set aside. As is seen from above, the Appellate Authority has extended ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
