9911796707
TMI Blog2017 (7) TMI 6X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the Directorate of Revenue Intelligence to the effect that M/s. Nikasu Packs Pvt. Ltd. was effecting exports of non basmati rice and wheat atta which were items covered in the prohibited list for exports under ITC (HS) Classification of export and import items by mis-declaring these as rice powder, puttu podi, etc. and also misusing the self examination and self sealing facilities extended to SEZ Units. As the export of non basmati rice was prohibited for export vide Govt. of India, Ministry of Commerce Notification No. 38 (RE-2007)/2004-09 dated 15.10.2007 as amended, the matter was taken up with the Development Commissioner, CSEZ, Cochin and under prior intimation to him, the officers of DRI Unit visited the office premises of M/s. N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant and on the basis of the statement of the CEO as well as employees of the appellant recorded under Section 108 of the Customs Act 1962, a show-cause notice dated 10.03.2010 was issued to the appellant as well as its CEO and General Manager to show-cause as to why 77.989 MTS of non basmati rice valued at Rs. 36,92,517/- (Rupees Thirty Six Lakhs Ninety Two Thousand Five Hundred and Seventeen only) should not be held liable for confiscation under Section 113(d), (h) & (i) of the Customs Act, 1962 and why penalty should not be imposed on them under Section 114(i) and 114(AA) of the Customs Act on the allegation that appellants had exported non Basmati Rice in contravention of the provisions of the Foreign Trade (Development and Regulations) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r had arm twisted the appellant by threatening to cancel the orders of frozen foods if non-basmati rice and wheat flour that are prohibited and had confessed before the authorities that the appellant had to succumb to the pressure, fearing cancellation of orders, consequent upon which, the closure of business leaving 250 employees jobless and their families in abject poverty. Moreover, the appellant was under belief that the prohibition will only be a temporary measure and subsequently when it was realized that the Government had no intention to lift the ban in the near future, voluntarily stopped the export of non-basmati rice and wheat flour instantly. It has also been alleged that the exports has not caused any loss of revenue to the exc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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