9911796707
TMI Blog2016 (1) TMI 183X X X X Extracts X X X X X X X X Extracts X X X X ..... a list of importers who had acquired foreign exchange from their authorized dealers for the purpose of imports of specified goods but had failed to submit the Exchange Control copy of Bill of Entry in respect of the relevant imports to their authorized dealers as evidence of actual import of the goods, which is a requirement to be complied with by the importers as specified in Para 7A-20 (Chaper-7) of the Exchange Control Manual. It is contended that the appellant was one of such importers who had failed to submit the Exchange Control copy of the Bill of Entry. The details furnished by the RBI disclosed that the appellant company had acquired and remitted foreign exchange worth Rs. 1,57,61,577/- through Industrial Development Bank of India, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt. 2. It has been contended on behalf of the appellant that an amount of Rs. 410,550 US $ was remitted by IDBI by opening L/C (Letter of Credit). The goods were shipped by the foreign seller and arrived in India passed through the Customs authorities. Copy of the Bill of Entry for Warehousing filed is a proof of the arrival of the goods in India and is a conclusive proof and proceedings ought to have been dropped in this perspective. Further submission is that the Mumbai Port Trust levied charges when the goods were unloaded at the Port. Copy of the Port charges has also been annexed with Memorandum of appeal. Submission is that after arrival in India the goods were kept under the Bond of Customs in a Warehouse run by the Central War ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of Section 8(3) and 8(4) of FERA are not made out as is apparent from the bare reading of the provisions. Further in Para 7A-20 of E.C.M., it has been clearly mentioned that authorized dealer should insist on production of documentary evidence of import i.e. Exchange Control copy of Bill of Entry for home consumption/postal/wrappers at the time of effecting remittances, it has been provided that if no response within the prescribed period of three months from the date of remittance is received by the authorized dealer, a reminder by registered post with acknowledgement due should be issued not later than one month from the date of the first reminder. No such reminder was issued by the authorized dealer IDBI and it is not provided anywhe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tage should not be considered. Matter may be relegated to the adjudicating authority in case the papers filed by the appellant are to be considered. 6. We have considered the submissions of Ld. Counsel for the appellant as well as Ld. Legal Consultant and are of the view that the instant appeal is of the year 2006 and already a period of almost nine years has passed since the appeal was filed before this Tribunal and since the proceedings in appeal are continuation of the original proceedings before the Subordinate authority, the Appellate Court is competent to consider the papers filed in the appeal. It may be pointed out that all the papers filed on behalf of the appellant were filed as annexures to the appeal at the time of filing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red and stored in the godown belonging to the Central Warehousing Corporation. Due to financial difficulties, two consignments out of three could not be cleared in the case before Hon'ble Bombay High Court during the permitted bond period as a result the Customs authorities/Central Warehousing Corporation auctioned the said goods. In the Bombay case also at the time of hearing of the appeal, the appellant therein produced the certificate from Central Warehousing Corporation to establish that the goods imported by the appellant were warehoused in their godown. 8. In the instant appeal, it is not in dispute that the entire foreign exchange acquired by the appellant has been remitted to the foreign seller and it is also undisputed that t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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