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Dec 28 2007 (TRI)

Mishra Carpet Palace Vs. Special Director, Enforcement Directorate

Court : Appellate Tribunal for foreign Exchange New Delhi

1-2. This appeal is directed against adjudication order No. SDE/SKP/II/ 11/2006, dated 29-3-2006 passed by Special Director, Enforcement Directorate, Enforcement Directorate imposing a penalty of Rs. 30 lakhs on the appellant firm and Rs. 15 lakhs on its partner Shyamji Mishra and Rs. 5 lakhs each on its other two partners Smt. Bremdei Mishra and Kusum Kumari Mishra for the reason of acknowledging debt creating right in favour of the foreign party namely EURO, West Germany to receive payment in contravention of section 9(1)(c) of FER Act, 1973. 3. This appeal is filed in the name of partnership firm M/s. Mishra Carpet Palace and its 3 partners but court fees paid only for a single appeal. When this defect is pointed out to the Counsel appearing for the appellants, he made an oral prayer that these appeals may be treated as having been filed by partnership firm alone and any other names, i.e., of partners can be disregarded. Therefore, this appeal is taken up as an appeal filed by partn...

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Dec 28 2007 (TRI)

Shyam Exports Vs. Special Director, Enforcement Directorate

Court : Appellate Tribunal for foreign Exchange New Delhi

R.N. Poddar, Member. - This appeal is directed against adjudication order No. SDE/SKP/II/9/2006, dated 28-3-2006 passed by Special Director, Enforcement Directorate, Enforcement Directorate imposing a penalty of Rs. 6 lakhs on the appellant firm and Rs. 2 lakhs each on its two male partners namely Manish Mishra and Rajesh Mishra and Rs. 1 lakh each on its female partners namely Smt. Kanchan Mishra, Ritu Mishra and Jaya Mishra for the reason of acknowledging debt, creating right in favour of foreign party M/s. EURO, West Germany in contravention of section 9(1)(c) of FER Act, 1973. 1 to 3. This appeal is filed in the name of partnership firm M/s. Shyam Exports and its 5 partners namely Manish Mishra, Rajesh Mishra, Smt. Kanchan Mishra, Smt. Ritu Mishra and Smt. Jaya Mishra but court fees paid only for a single appeal. When this defect is pointed out to the Counsel appearing for the appellants, he made an oral prayer that these appeals may be treated as having been filed by partnership f...

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Dec 20 2007 (TRI)

P. Balasubramaniam Vs. Directorate of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

1. The following order is delivered by Km. Vijay Laxmi, Member, Appellate Tribunal for Foreign Exchange. 2. This is an appeal against Adjudication Order No. DD/MAS/90-98/2003(VS), dated 9-9-2003 passed by Dy. Director, Directorate of Enforcement, Chennai imposing a penalty of Rs. 42,000 (Rupees forty two thousand only) against the appellant, Shri. P. Balasubramaniam for contravention of the provisions of section 9(1)(c) of FERA, 1973. The full amount of penalty has been deposited by the appellant in compliance of the order of this Tribunal where presently the appeal is taken up for final disposal on merits. Three show-cause notices each were issued against the three sister concerns, viz., M/s. City Knitting Co., Tirupur, M/s. Happy Bee and M/s. Nitco Hosiery Mills, Tirupur and the appellant who is Managing Partner of these concerns. The details of the three SCNs issued against the three firms and the appellant are given below : M/s. Happy Bee (i) Show Cause Memorandum No. T-4/105-M/88(...

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Nov 30 2007 (TRI)

Prem Singh Vs. Special Director, Enforcement Directorate

Court : Appellate Tribunal for foreign Exchange New Delhi

1-2. These appeals are directed against common adjudication order No.SDE/(PKD)/III/93/2005 dated 13-7-2005 passed by Special Director, Directorate of Enforcement imposing total penalty of Rs. 50 lakhs on Prem Singh, i.e., the appellant in appeal No. 618/05 and total penalty of Rs. 10 lakhs each on Tarlochan Singh and Rajendra Singh, i.e., the appellants in Appeal Nos. 619/05 and 620/05 respectively besides ordering confiscation of Rs. 20,36,000 seized from Prem Singh and Rs. 81,750 seized from residence and person of the Rajendra Singh, i.e., the appellant in Appeal No. 618/05 and the appellant in Appeal No. 620/05 respectively to the credit of Central Government for the reason of purchasing and selling of foreign exchange without any previous general or special permission of RBI in contravention of provisions of section 8(1) and 8(2) of FER Act, 1973. A show-cause notice dated 3-3-1992 was issued to the appellants asking them to explain why adjudication proceedings should not be held ...

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Feb 12 2007 (TRI)

Veena JaIn Vs. Directorate of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

1. This is an appeal against adjudication order No. ADJ/904/2004/AD(BK)/5180 dated 22-12-2004 passed by Assistant Director, Enforcement Directorate imposing a penalty of Rs. 1,10,000 against the appellant for contravention of section 9(1)(d) FER Act, 1973 on the reasons that appellant made payment of Rs. 11 lakhs to or for the credit one Mrs. Anjali Verma resident of Dubai in lieu of and in consideration of receipt of a cheque of foreign currency of Rs. 10 lakhs. In this appeal 10 per cent amount of penalty is deposited in compliance of the order dated 25-10-2005 passed by this Tribunal. Presently, this appeal is taken up for final hearing on merits. 2. According to Learned Counsel Shri R.K. Handoo, the impugned order is passed merely on the basis of a statement of third party namely S.J. Anand who did not specifically name any payment by the appellant but has only described about general mode of receipt of gift cheques through him in lieu of payment. Further show-cause notice at pages...

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Nov 30 2006 (TRI)

Directorate of Enforcement Vs. Abid Malik

Court : Appellate Tribunal for foreign Exchange New Delhi

O.P. Nahar, Chairperson. - By virtue of this Revision Petition, the Enforcement Directorate invoked the powers of this Tribunal under the provisions of section 52(4) FER Act, 1973 for the purpose of examining legality, propriety and correctness of the adjudication order No. ADJ/914/DZ/2004/AD(SRB)/9197 dated 27-12-04 passed by Assistant Director, Enforcement Directorate whereby the respondent is absolved of the charges of making payment of Rs. 5,60,000 to or for the credit of one Shri N.N. Gupta resident outside India from whom the respondent Abid Malik took a gift cheque of Rs. 5 lakhs from his NRI account No. 320170459 maintained with American Express Bank, New Delhi. We have heard Shri A.C. Singh, ALA on behalf of the Enforcement Directorate and Shri S.K. Mittal, Chartered Accountant on behalf of the respondent. Shri S.K. Mittal, Chartered Accountant has also filed written submissions which are taken on record. 2. According to Shri A.C. Singh, ALA for revisionist, the adjudicating a...

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Oct 05 2006 (TRI)

Dr. S.M.A. Razvi Vs. Director, Enforcement Directorate

Court : Appellate Tribunal for foreign Exchange New Delhi

1. and 2. This appeal is against adjudication Order No. ADJ/ADE/102-103/MAS/85, dated 3-6-1985 passed by Additional Director, Mumbai imposing a penalty of Rs. 45,000 (Rupees forty five thousand only) against the appellant Dr. S.M.A. Razvi for contravention of provisions of sections 9(1)(a) and 8(1) of FER Act, 1973 for having made payment of Rs. 2,35,000 to persons resident outside India and for having borrowed S.R. 3296 from one Samad, a resident outside India. This is a very old appeal of the year 1985 where a report has been submitted by the DLA about service of notice of hearing on the appellant through affixation under rule 14(c) of Adjudication Proceedings and Appeal Rules, 2000. The application for dispensation from pre-deposit of penalty was decided by this Tribunal vide its order dated 20-10-1987 against which a writ petition was filed by the appellant in High Court of Madras where the order was set aside by order dated 20-2-1997 directing this Tribunal to decide the matter af...

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Sep 20 2006 (TRI)

Abdul Kalam Vs. Director, Enforcement Directorate

Court : Appellate Tribunal for foreign Exchange New Delhi

1. The following order of the Tribunal is delivered by Km. Vijay Laxmi, Judicial Member. 2. This is a second appeal against Order of first appeal No. SD(A)/KOL/ 2004-05/2, dated 21-2-2006 passed by Special Director (Appeals), FEMA and Commissioner of Income-tax, Delhi imposing a penalty of Rs. 4,42,000 (Rupees four lakh and forty two thousand only) against the appellant, Abdul Kalam for contravention of provisions of sections 3(a), 3(b), 4 and 8 of FEM Act, 1999 besides confiscating the seized foreign exchange to the tune of US $ 14,130, U.K. Pound 180, Singapore $ 80, Australian $ 120, BD Taka 1,000, Euro 150, Thai Bhat 100 and Saudi Riyal 500 and two gold biscuits along with Indian currency of 3 lakhs. Originally the appellant was penalized by the Adjudicating Officer with penalty of Rs. 6,67,000 which was subsequently reduced in the first appeal by the Special Director to the tune of Rs. 4,42,000. In the memo of appeal it has been mentioned by the appellant on page 2 that the amount...

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Sep 15 2006 (TRI)

Bank of Madurai Ltd. Vs. Director, Enforcement Directorate

Court : Appellate Tribunal for foreign Exchange New Delhi

1. This appeal is against adjudication Order No. DD/MAS/95-101/920 dated 5-3-1992-102 passed by Deputy Director, Enforcement Directorate, Chennai imposing a penalty of Rs. 50,000 (Rupees fifty thousand only) for contravention of section 9(1)(a) of FER Act, 1973 and Rs. 10,000 (Rupees ten thousand only) for contravention of section 9(1)(d) of FER Act, 1973 against the appellant M/s. Bank of Madurai Ltd. for making three payments totalling to Rs. 5 lakhs by way of loan to Shri K. Abdul Majeed of Malaysia, a person resident outside India without permission of RBI and also for making a payment of Rs. 2 lakhs to M/s. T.V.S. Sons, Madurai, a firm in India, by order or on behalf of Shri K. Abdul Majeed, a person resident outside India without permission of RBI. The whole amount of penalty has been deposited by the appellant while this Tribunal vide its order dated 5-3-1992 directed the appellant to pre-deposit 50 per cent of amount of penalty. Presently, the appeal is taken up for final dispo...

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Dec 26 2005 (TRI)

Saraf Fabrics Ltd Vs. Directorate of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

1. The following order of the Appellate Tribunal has been delivered by Shri O.P. Nahar, Chairperson. 2. This is an appeal by the appellant herein against adjudication Order No. DD(AA)/D2/386/2003/201 dated 20-12-2003 imposing a penalty of Rs. 2 lakhs against the appellant-company and Rs. 14,000 each against other five Directors for contravention of the provisions of section 18(2) read with section 18(3) of the Foreign Exchange Regulation Act on the reasons that appellants failed to take reasonable steps for repatriation of the export proceeds equivalent to Rs. 26,69,824 of the goods exported outside India. The appellant-company has made pre-deposit of Rs. 1 lakh in compliance of the order dated 30-9-2004 passed by the Tribunal. Shri T.K. Gadoo, DLA has confirmed the same. Presently this appeal is taken up for final hearing on merits. This is single appeal from the appellant-company and any observation herein is simply related to it. 3. Learned counsel Shri M. Venkataraman argued that p...

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