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GST - Payment of pre-deposit through Form GST DRC-03 instead of the prescribed Form APL-01 - Petitioner attributes it to technical glitches - Respondent is the proper authority to decide the question of fact: HC2nd Session of India-Nigeria Joint Trade Committee held in AbujaGST - Since SCN is bereft of any details and suffers from infirmities that go to the root of the cause, SCN is quashed and set aside: HC1717 candidates to contest elections in phase 4 of Lok Sabha ElectionsGST - Once Appellate Authority comes to the conclusion that SCN was issued by an officer who was not competent; reply was also considered by an incompetent authority and the Competent Authority had not applied its independent mind, Appellate Authority could not have assumed original jurisdiction and proceeded further with the matter: HC7th India-Indonesia Joint Defence Cooperation Committee meeting held in New DelhiGST - Neither the Show Cause Notice nor the order spell out the reasons for retrospective cancellation of registration, therefore, the same cannot be sustained: HCMining sector registers record production in FY 2023-24GST - If the proper officer was of the view that the reply is unclear and unsatisfactory, he could have sought further details by providing such opportunity - Having failed to do so, order cannot be sustained - Matter remanded: HCAnother quake of 6.0 magnitude rocks Philippines; No damage reported so farI-T - Initial burden of proof rested on assessee to substantiate his claim of having incurred expenditure on improvement of property: ITATTrade ban: Israel hits back against Turkey with counter-measuresI-T - Agricultural income can be treated by ITO as undisclosed income in absence of any substantial / corroborative material to prove same: ITATCanada arrests three persons in alleged killing of Sikh separatistI-T - Income from sale of property has to be classified & characterised only in manner of computation as per section 45(2): ITATCus - When there is nothing on record to show that appellant had connived with other three persons to import AA batteries under the guise of declaring goods as Calcium Carbonate, penalty imposed on appellant are set aside: HCCongress fields Rahul Gandhi from Rae Bareli and Kishori Lal Sharma from AmethiCus - The penalty imposed on assessee was set aside by Tribunal against which revenue is in appeal is far below the threshold limit fixed under Notification issued by CBDT, thus on the ground of monetary policy, revenue cannot proceed with this appeal: HCGST -Since both the SCNs and orders pertain to same tax period raising identical demand by two different officers of same jurisdiction, proceedings on SCNs are clubbed and shall be re-adjudicated by one proper officer: HCFormer Jharkhand HC Chief Justice, Justice Sanjaya Kumar Mishra appointed as President of GST TribunalSale of building constructed on leasehold land - GST implicationI-T - If assessee is not charging VAT paid on purchase of goods & services to its P&L account i.e., not claiming it as expenditure, there is no requirement to treat refund of such VAT as income: ITATBengal Governor restricts entry of State FM and local police into Raj BhawanI-T - Interest received u/s 28 of Land Acquisition Act 1894 awarded by Court is capital receipt being integral part of enhanced compensation and is exempt u/s 10(37): ITATCops flatten camps of protesting students at Columbia UnivI-T - No additions are permitted on account of bogus purchases, if evidence submitted on purchase going into export and further details provided of sellers remaining uncontroverted: ITATTurkey stops all trades with Israel over GazaI-T- Provisions of Section 56(2)(vii)(a) cannot be invoked, where a necessary condition of the money received without consideration by assessee, has not been fulfilled: ITATGirl students advised by Pak college to keep away from political eventsI-T- As per settled position in law, cooperative housing society can claim deduction u/s 80P, if interest is earned on deposit of own funds in nationalised banks: ITATApple reports lower revenue despite good start of the yearI-T- Since difference in valuation is minor, considering specific exclusion provision benefit is granted to assessee : ITATHome-grown tech of thermal camera transferred to IndustryI-T - Presumption u/s 292C would apply only to person proceeded u/s 153A and not for assessee u/s 153C: ITATECI asks parties to cease registering voters for beneficiary-oriented schemes under guise of surveys
 
Cus - In absence of any prescription requiring declaration of foreign currency taken out of country, confiscation unjustified: CESTAT

By TIOL News Service

MUMBAI, MAR 16, 2017: THE Commissioner of Customs, Airport, Mumbai, ordered absolute confiscation of 'foreign currency' consisting of USD and UAE Dirham equivalent to Rs.11,11,775/- for having been attempted to be illegally exported and imposed a personal penalty of Rs.1 lakh on the appellant, who was scheduled to depart by the Gulf Air flight on 25th December 2004 to Bahrain. Traveller's cheques in the possession of the appellant were released and the penalty imposed was ordered for recovery by encashment of traveller's cheques.

The adjudicating authority has held that the appellant had not declared that he was carrying foreign exchange; the appellant's claim of accumulation of foreign currency over the years was not acceptable in the absence any evidence to support it and that the purpose for which the currency was carried was not in accordance with law.

The Appellant is before the CESTAT and seeks the release of seized foreign currency as well as the setting aside of penalty on the ground that there was no admitted concealment;that amount was carried for travels and business purpose; that the foreign currency had been accumulated by him during various trips made by him to Dubai, Syria and Saudi Arabia and he was not aware of the requirement of surrender of unutilized foreign exchange.

The Bench observed -

"5. I find that there is no dispute that the appellant had indeed carried the said foreign currency. No evidence has been placed on record to show that declaration was necessary for carrying of foreign currency by a departing passenger or that his inability to explain the source of foreign currency would render it liable to confiscation under Customs Act, 1962. The finding in the impugned order of illegal purpose is not tenable as action in relation to illegal purpose, if any, is vested with the appropriate authority under the appropriate statutes other than Customs Act, 1962.

6. Customs Act, 1962 is concerned with the illegal importation into India and exportation out of the country. In the absence of any prescription requiring declaration of foreign currency taken out of the country I find no justification to sustain the impugned order."

The appeal was allowed.

In passing:

Export from & Import into India of Currency or Currency notes are governed by the Foreign Exchange Management (Export and Import of Currency) Regulations, 2000 which came into force w.e.f. 01.06.2000. Rule 6 is titled Import of foreign exchange into India & mentions about Currency Declaration Form (CDF) whereas Rule 7 pertains to Export of foreign exchange and currency notes. 

- Currency Declaration Counter: There is a specific customs counter for declaration of foreign exchange/currency in the arrival hall of CSI Airport. The Customs Officer issues a certificate in the form of Currency Declaration Form (CDF) in prescribed proforma after physically verifying the currency notes and travellers' cheques, etc.

(See 2017-TIOL-850-CESTAT-MUM)


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