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| Additional Site to assist law enforcement |
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Law Enforcement Officers! It is pretty challenging for the Customs Officers to wade through the ocean of acts, rules, regulations, instructions etc. and act diligently in discharging their onerous and demanding duties.Are you posted to a new branch where you have never worked or worked long back? Still you can work effectively, efficiently and in solemn peace. Here is help for you. We have been preparing one page solutions for each aspect of work for enforcing the law – lawfully and effectively. All what you have to do is to simply take a print out of the relevant topic from our Guide to Customs Manual published in our dedicated additional site. http://sites.google.com/site/rightinformer/guide-to-customs-manual-1 In case you do not find a topic, please feel free to notify us at rightinformer@gmail.com. We will gladly do the job as quickly as may be possible. We earnestly solicit your support in every possible way to complete the project and to make it useful to many. We are always humble to be subject to correction.
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| Import of ‘Worn Clothing’ –- to impose penalty keeping in view the ‘margin of profit’ and only after proper fumigation |
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Import of ‘worn clothing and other worn articles’ is restricted under ITC(HS) vide DGFT Notification No.7/2004-09 with effect from 27.10.2004. ... 2. In this regard, the Committee on Petitions (Fourteenth Lok Sabha) has made a recommendation that the increasing tendency of import of such worn clothing needs to be curbed. The Board has, accordingly, decided to reiterate that being a restricted item under ITC (HS), the import of ‘worn clothing’ should be adjudicated and fine in lieu of confiscation and penalty imposed keeping in view the ‘margin of profit’ on such unauthorized import and also the fact that such consignments should not get cleared by paying only nominal fine and penalty in future. ... 3 As recommended by the Committee on Petitions, the Board has also considered the possible health hazard associated with such imports and hence, decided that consignment of ‘used / worn clothing’ will be given clearance by the Customs authorities only after proper fumigation of the consignment. The cost of fumigation will have to be borne by the concerned importers.
Circular No.22 / 2010-Customs Dated: 26th July, 2010.
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| Lexus Car Import case: Special Court Convicts [Sasikala] Natrajan for Two Years RI |
A Special Court in Chennai on Monday convicted M Natarajan, husband of Ms Sasikala, who is close aide of former Chief Minister J Jayalalithaa for two years Rigorous Imprisonment(RI) in a Lexus car import case filed by the Central Bureau of Investigation(CBI). ... Delivering the judgment, CBI court special judge Raveendran convicted all the four accused on 18 counts and imposed a fine of Rs 10,000 on each count. While Yogesh Balakrishnan facilitated the shipment of the car to India, Ms Sucharita was convicted for issuing false certificate. Full Text.
Full background of the case available at: http://www.indiankanoon.org/doc/1210211/ Related case: Link
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| Project Import assessment under 98.01 benefit is also not available to a single or composite machine |
To the kind attention of the Commissioner of Customs, Chennai.
CESTAT Stay Order No. 605/2009, dated 2-7-2009 in Application No. C/S/70/2009 in Appeal No. C/134/2009 reported in 2009 (247) E.L.T. 793 (Tri. - Chennai) says
2. Prima facie there is nothing in Para 3 of the PIR to deny the project import benefit to a single machine. Further, we find that industrial plant comprises of one or more numbers of units and the imported machinery is for, ‘substantial expansion of the unit of the existing industrial plant’ of the applicant irrespective of the fact that it is a single machine or a composite machine and the imported machinery is intended for substantial expansion of existing unit of an existing industrial plant of the appellants.
But the PIR Project Import Regulations, 1986 reads ...
3. The different projects to which heading 98.01 applies are; irrigation project . . . However this benefit is not available to hotels, hospitals, photographic studios, photographic film processing laboratories, photocopying studios, laundries, garages and workshops. This benefit is also not available to a single or composite machine.
We bring the above facts to your kind notice please.
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| A Judge also presides to see that a guilty man does not escape ... when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him |
A Judge also presides to see that a guilty man does not escape ... when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him
A Judge does not preside over a criminal trial merely to see that no innocent man is punished. A Judge also presides to see that a guilty man does not escape. Both are public duties. (See Stirland v. Director of Public Prosecution 1944 AC 315 quoted with approval by Arijit Pasayat, J. in State of Punjab vs. Karnail Singh (2003) 11 SCC 271). The law does not enjoin a duty on the prosecution to lead evidence of such character which is almost impossible to be led or at any rate extremely difficult to be led. The duty on the prosecution is to lead such evidence which it is capable of leading, having regard to the facts and circumstances of the case. Here it is necessary to keep in mind Section 106 of the Evidence Act which says that when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. ... 13. A somewhat similar question was examined by this Court in connection with Section 167 and 178-A of the Sea Customs Act in Collector of Customs, Madras & Ors. v. D. Bhoormull AIR 1974 SC 859 Link to full text
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| Grievance to Department of Revenue: SAD Refunds - Amendment to s.28 C of Customs Act, 1962 |
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Please Click Here
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| Amendment of s. 153 of the Customs Act, 1962 and s. 37 C of the Central Excise Act, 1944 required |
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Please read our letter dated 17.06.2010 to CBEC at Text of letter Ref. No. 070401
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| For comments: Customs recalling exported containers - amendment of law required |
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Draft letter to CBEC through GRM placed at Please click here for comments, if any please to be sent to rightinformer@gmail.com. Thank you.
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| Chennai Port Customs - Security concerns |
The shortage of manpower at the port’s customs unit has raised serious security concerns given the fact that the section has to handle more than 3,000 imported containers on a daily basis.
“There is no export-import infrastructure worth mention at the Chennai Port customs which is rated as the best on the Coromandel Coast because of its excellent hinterland network,” a senior customs official told this newspaper. He also warned about the possibility of extremists and terrorist organisations misusing the port to bring in arms, ammunitions and other logistics as it is increasingly being considered as a safe route to bring in such banned items.
Please click hear for the full text of the news item
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