Page 18 - ELT_15th August 2020_Vol 373_Part 4

xvi EXCISE LAW TIMES [ Vol. 373
Export Rebate (Contd.)
Rule 18 ibid, is erroneous - No bar to claim rebate under said Rule 18 ibid
in respect of exports cleared on payment of duty under Notification No.
96/2009-Cus., cleared on payment of duty under said notification -
Rebate claims allowed - Order-in-Appeal set aside - Rule 18 of Central
Excise Rules, 2002 — In Re : Kotsons Pvt. Ltd. (G.O.I.) ................. 562
— in respect of duty paid on inputs used in export product, partial sanction
in terms of C.B.E. & C. Circular No. 129/40/95-CX., dated 29-5-1995 not
sustainable - See under REBATE .......................... 566
Extension of time for fulfilling pending export obligation under advance
authorization - See under EXIM .......................... 454
Extraterrestrial jurisdiction of imposing penalty on foreign exporter, matter
referred to Larger Bench - See under PENALTY ................. 554
Foreign currency concealed inside inner linings of check in baggage by
outgoing passenger, absolute confiscation required to be done - See
under CONFISCATION .............................. 570
Foreign Exchange related offence by company, scope of liability of part time
Director - See under OFFENCE .......................... 433
FOREIGN EXCHANGE MANAGEMENT ACT, 1999 :
— Penalty - On carrier of Foreign Currency - Attempt to smuggle foreign
exchange out of India - HELD : Lesser amount of penalty imposed on
accused as he is carrier of impugned currency - Keeping in view gravity
of offence and fact that co-accused, habitual offender, higher quantum of
penalty merits to be imposed - Penalty of ` 5 lacs (Rupees five lacs)
imposed by adjudicating authority under Section 114(i) of Customs Act,
1962 read with Regulation 13 of Foreign Exchange Management (Export
and Import of Currency) Regulations, 2000 - Section 114(i) of Customs
Act, 1962 — In Re : Virender Verma (G.O.I.) ....................... 570
FOREIGN EXCHANGE MANAGEMENT (EXPORT AND IMPORT OF
CURRENCY) REGULATIONS, 2000 :
— See under CONFISCATION ............................ 570
— Regulation 13 - See under FOREIGN EXCHANGE MANAGEMENT ACT . . 570
FOREIGN EXCHANGE REGULATION ACT, 1973 :
— Section 8 - See under OFFENCE .......................... 433
— Section 50 - See under OFFENCE ......................... 433
— Section 51 - See under OFFENCE ......................... 433
— Section 68 - See under OFFENCE ......................... 433
Foreign exporter whether can be liable for penalty, matter referred to Larger
Bench - See under PENALTY ............................ 554
FOREIGN TRADE (DEVELOPMENT AND REGULATION) ACT, 1992 :
— Regulation 16 - See under WRIT PETITION .................... 470
Gold chains smuggling by first time offender, quantum of redemption fine
and penalty - See under REDEMPTION FINE AND PENALTY ........ 473
Gold seizure, scope of interference by High Court in matter relating to its
provisional release - See under SEIZED GOLD .................. 451
Gold smuggling, competent authority to adjudicate - See under PENALTY ... 514
— penalty imposable - See under PENALTY ..................... 514
EXCISE LAW TIMES  15th August 2020  18