Ishaan Mukherjee 12 May 2017

Currency seized by custom as it was coming via courier

During demonitization, my cousin from Canada requested me to exchange his Demonitized currency. He subsequently via courier parcelled me Rs. 9,000. The envelope was confiscated by customs and i was issued a show cause notice. I visit Canada regularly and have a valid visa. Kindly suggest the best defence possible which i can take in my reply?

1. I deny that i was aware about the contents, and i let go the cash or,
2. I admit since its just Rs. 9,000 (Below Rs. 25,000 limit) and being a senior citizen and law abiding citizen kindly pardon me,
3. I admit and and ask them to levy a fine?

Any other suggestion/defence i can take in my reply

Thank you

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5 Replies

G.L.N. Prasad (Retired employee.) 13 May 2017

The best way is to contact the cocnerned officer personally and seeking his help in giving explanation. This can be done through a Chartered Accountant.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 13 May 2017

required to come through Red Channel disclosing to the Customs authorities at the airport the amount of the demonetised notes and secure a certificate to be tendered at the RBI at the time of exchange.

Kumar Doab (FIN) 13 May 2017

Agreeing with Mr.G.L.N. Prasad, Mr. Rama chary Rachakonda

Your I.Tax Lawyer or CA can advise you the best, in person.

Ms.Usha Kapoor (CEO) 14 May 2017

Show the customs authorities at the Airport amount of demonitized notes and secure a certificate for tendering toRBI at the time of exchange.

Harendra Kumar (A Practicing Lawyer) 09 June 2021

In view of the aforesaid, my opinion is that firstly, you have to reply to the SCN and incorporate all necessary facts and circumstances and submit the same before Customs Authority, otherwise you cannot receive benefit against you demonetized notes. In regard they will be passed an order against your reply of SCN. However, once demonetized note can be changed before appropriate authority if an order passed in fever you, otherwise not. In my opinion your time and money will be spent more than double or more against alleged money.