LLM Group 2 Business Law Law Relating To Customs And Foreign Exchange 2015 Question Paper - Mumbai University | munotes

Questions asked in this paper

SECTION I - Q.P. Code 12285. Attempt any four questions, all questions carry equal marks of 25 each, cite relevant case laws in support of your answer (any four of seven) 100 Marks

1. 1) Critically examine the provisions of the Customs Act, 1962 relating to assessment of customs duties and distinguish the same from provisional assessment of duty u/s 18 of the Act.
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2. 2) Discuss the powers of Customs Officers to 'Arrest, Seizure and Confiscation' under the Customs Act, 1962.
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3. 3) Compare the provisions relating to civil "Adjudication/Appeal Proceedings" under Customs Act, 1962. Can the Civil & Criminal proceedings simultaneously be initiated and continued against the same party?
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4. 4) Discuss the salient features of FEMA in comparison with FERA, 1973.
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5. 5) Discuss the nature of contraventions under FEMA, 1999 and the penal provisions thereunder with reference to the hierarchy and jurisdiction under the Act.
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6. 6) Delineate the following concepts under FEMA, 1999:
   • (a) Foreign Direct Investment in India.
   • (b) Export of Goods and Services.
   • (c) Compensatory (Hawala) payments.
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7. 7) Write notes on any three (3) of the following:
   • (i) Importance of presumption of culpable mental state u/s 138-A of the Customs Act, 1962.
   • (ii) Notice u/s 124 of the Customs Act, 1962.
   • (iii) Provision relating to abatement u/s 43 of FEMA.
   • (iv) Import Export Code (IEC) Number and objectives of FT (D&R) Act, 1992.
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SECTION II - Q.P. Code 27194. Attempt any four questions, all questions carry 25 marks each, cite case laws wherever necessary (any four of seven) 100 Marks

1. 1) Explain the provisions of the Customs Act, 1962 relating levy, assessment and exemption of Customs duties.
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2. 2) Critically analyze the law relating to 'presumption of culpable mental state', Powers of Customs Officers for search, seizure and arrest of the person under the Customs Act, 1962.
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3. 3) Discuss the 'Adjudicatory' and 'Appeal' proceedings under the Customs Act, 1962.
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4. 4) Elaborate the provisions relating to 'Arrest' and 'Imprisonment' under FEMA, 1999.
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5. 5) Discuss the provisions of FEMA, 1999 with reference to -
   • (a) Contravention by Companies
   • (b) Capital Account Transactions
   • (c) Effect of death or insolvency of a person.
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6. 6) Critically evaluate the noteworthy features of FEMA, 1999.
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7. 7) Write notes on any three (3) of the following:
   • (i) Rules relating to interpretation of Customs Law
   • (ii) Refund of Customs Duties.
   • (iii) 'Person' under FEMA.
   • (iv) Export of Goods and Services under FEMA.
   • (v) Import Export Code (IEC) number and license.
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