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TMI Blog2005 (12) TMI 612X X X X Extracts X X X X X X X X Extracts X X X X ..... e Appellate Tribunal has been delivered by Shri O.P. Nahar, Chairperson. 2. This is an appeal by the appellant herein against adjudication Order No. DD(AA)/D2/386/2003/ 201 dated 20-12-2003 imposing a penalty of Rs. 2 lakhs against the appellant-company and Rs. 14,000 each against other five Directors for contravention of the provisions of section 18(2) read with section 18(3) of the Foreign Exch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taken by the foreign buyer hence sending of the goods outside India does not amount to sale. It is argued with regard to the export proceeds of the GRIs mentioned at Serial Nos. 30, 31 and 32 that those were sold by Singapore Customs whereupon the question of recovery of price from foreign buyer does not arise because this segment of the goods is not exported in the real sense of the term. Theref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y in New York without any permission from but no fault in this regard is found and no penalty is imposed. However, the non-taking delivery of the exported goods by foreign buyer with regard to 3 GRIs mentioned at Sl. Nos. 30, 31 and 32 cannot absolve the appellant from the responsibility of repatriation of price of the goods sent outside the country. The language of section 18(2) has used the word ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of absolving the guilt of appellants. Even if such goods were sold by the Singapore Customs what happened to the price recovered from such sale is not brought to light. It remains within the exclusive knowledge of the appellants and none other. Hence the burden lies on appellant which he has utterly failed. Therefore, this argument is also liable to be rejected. 6. The sub-provision of sub-sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no merit and is liable to be rejected. 7. For the reasons stated herein above this appeal is dismissed and rejected. The amount of penalty of 50 per cent deposited by the company may be appropriated towards the penalty and the appellant-company is permitted to deposit the remaining penalty within a period of 15 days from the date of receipt of this order failing which the respondent may recover ..... X X X X Extracts X X X X X X X X Extracts X X X X
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