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2018 (1) TMI 1584 - HC - CustomsDuty Drawback - export of low priced goods by over-invoicing its value many times - HELD THAT:- The scheme of duty draw back is an incentive extended by the Government to any exporter who gains foreign exchange through export of finished goods manufactured from excisable materials used as raw material for manufacturing the goods exported. To avail this incentive, the obligation on the part of the exporter is that he should bring back the sale proceeds of the goods exported in foreign exchange into India through his firm's bank account within 6 months. Sub-sections(1) and (2) of section 155 has to be read conjointly and not disjointly. “Good faith” and “anything done pursuance of this Act” (to be read as customs Act) which are twin pre-conditions mentioned in subsection (1) to be satisfied primarily. For those who satisfy the said twin conditions, proceedings shall be initiated after expiry of one month notice and within 3 months from the date of cause of action as per sub-section (2) of Section 155 of the Act. If the pre-conditions mentioned in sub-section (1) is not attracted, the compliance of mandate mentioned in sub-section (2) does not arise. This court holds that the contentions raised by the petitioner both on facts as well as law is devoid of merit and hence, this Criminal Original Petition is dismissed.
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