9911796707
TMI Blog2006 (1) TMI 674X X X X Extracts X X X X X X X X Extracts X X X X ..... s of section 18(2) read with section 18(3) on the reasons that the appellant-firm failed to take reasonable steps for repatriation of the export proceeds of three GRIs amounting to Rs. 18,17,668. A penalty of Rs. 70,000 is also imposed, along with appellant-firm, against the managing partner Harish Kumar who is not in appeal before this Tribunal. Hence, any observation made hereunder will only relate to this appeal filed by appellant-firm. According to Learned Counsel, total export proceeds has been repatriated but the authorized banker is not co-operating with the appellant-firm. It is this reason that appellant-firm is handicapped in putting forth the arguments before this Tribunal. Looking towards the arguments advanced on behalf of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r is liable to be sustained and upheld. 5. The impugned order has described three consignments where last consignment is described giving bill No. and other two by giving GRI No. Though Deputy Commissioner, of Customs, Ludhiana has given a letter dated 25-7-2002 certifying that the subject consignment was not shipped but the bill No. in the letter certificate does not tally with the bill No. given in adjudication order. Also, the date of the bill No. is different. As there is a variation between the two so this argument contains no merit. 6. Another consignment is recorded at serial No. 2 in the impugned order along with GRI No. and amount. Against this consignment, Centurion Bank has given a letter dated 15-4-2002 stating therein the amoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fficult to challenge. There is force in the arguments advanced by DLA Dr. Shamsuddin. 8. The provisions of section 18(2) creates an obligation against the exporter to make reasonable efforts to repatriate export proceeds. Payment for Exported Goods. (1)(a) The Central Government may, by notification, ... prohibit the taking or sending out ... goods specified .... unless the exporter furnishes to the prescribed authority a declaration ... (2) Where any export of goods, to which a notification under clause (a) of sub-section (1) applies, has been made, no person shall, except with the permission of Reserve Bank of India, do or refrain from doing anything, or take or refrain from taking any action, which has the effect of securing- (A) in a ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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