CCE, JAIPUR Vs. SHRI PUKHRAJ MOONDRA

JUDGEMENT

(1.) REVENUE has filed this appeal being aggrieved by the order -in -Appeal No.27(KDT)Cus/JPR/2000.

(2.) IN this case Ld. Commissioner(Appeals) held "I find that the appellants arguments have a lot of merit and respectfully following the CEGAT judgments cited above, the impugned order is set aside".

(3.) THE facts of the case in brief are that the appellants premises were searched. The premises were in the name of Shri Pukhraj Moondra. Foreign currency in US amounting to (sic) 1990 was recovered. During the search, Shri Pukhraj Moondra, proprietor of M/s. Pukhraj Moondra the appellant in the instant case told Custom Officers that some times, motivated by the greed for making money, he purchased and sold foreign exchange and that he had concealed foreign -exchange beneath the counter. A SCN was issued to the appellant asking him to explain as to why the foreign currency in US should not be confiscated under Section 111 of Customs Act and why a penalty should not be imposed under Section 70 and 11 of Customs Act,62 read with Section 8 and 13 of FERA,1973. The case was adjudicated by the Additional Commissioner, Jodhpur who confiscated US 1990 and also imposed a penalty of Rs.25,000/ -. The appellants appealed against this order before the Commissioner(Appeals) who set aside the order of the Ld. Additional Commissioner.