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2013 (12) TMI 1040 - AT - CustomsConfiscation of goods - Attempt to export Indian currency - Held that:- As per the Reserve Bank of India Notification No. FEMA 6 RB-2000, dated 3-5-2000 cited supra any person resident in India cannot take outside India, Indian currency notes exceeding Rs. 5000/- and the said Notification has been issued under Sections 6 and 47 of the FEMA. In the instant case it is seen that the appellant has tried to illegally export Indian currency exceeding Rs. 5000/- through post. As per Section 2(22) read with 2(33) of the Customs Act, 1962, the goods under export in the instant case are ‘prohibited goods’ and therefore, they have been rightly confiscated under provisions of 113(d) and 113(e) of the Customs Act. Further under Section 125(1) of the said Act, in respect of prohibited goods, the officer adjudicating the issue can absolutely confiscate the goods - Decided against assessee.
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