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2009 (11) TMI 645 - GOVERNMENT OF INDIA, MINISTRY OF FINANCERevision Application - Foreign currency - illegal import - confiscation and penalty - held that:- a compulsory requirement of making a Custom Declaration Form (CDF) is the legal requirement specifically when the impugned foreign currency involved is more then US $ 5000 ( or equivalent). In this case the applicant has not made any declaration In CDF. - there is no “Independent” documentary evidence so as to confirm that presently seized foreign currency is necessarily from the unspent amount of that particular transaction/visit. Only proper CDF could be the connecting legal document which is very much missing in this case. In absence of such a vital link the entire theory/submissions appears to be an after thought and excuse. - Decided against the assessee. Government observes that the confiscation of foreign currency under Section 113(d)(l) of the Customs Act, 1962 read with provisions of FEMA (Export and Import of Currency) Regulations, 2000 for violation of Section 77 of the Customs Act, 1962 read with relevant provisions/notifications from RBI and imposition of penalty under Section 114(i) of the Act, ibid cannot be assailed and was rightly adjudged by the lower authorities as per available admissible evidence/facts on record. - however redemption fine and penalty reduced.
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