2001 (2) TMI 453

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..... ndent. [Order per : Gowri Shankar, Member (T)]. - The appeal is taken up for disposal with the consent of both sides. 2. In the impugned order, the Commissioner has ordered confiscation under Section 113 of foreign currency equivalent to Rs. 86.44 lakhs, which was seized from the possession of the appellant when he was returning to Dubai from Mumbai on 15-3-1998. The Commissioner accepts .....

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..... excessive. There was no liability of these goods to payment of duty. Their import was not prohibited subject to restriction. The only lapse on the appellant's part was the failure to declare in the currency declaration form, a measure that is intended to prevention and detection of smuggling of foreign exchange. The appellant took out the currency that he brought in. 4. On these facts theref .....

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