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Sep 13 2005 (TRI)

Anup Kumar Singh Vs. Directorate of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

1-2. This is an appeal against Adjudication Order No. 27/VSI/2000 dated 28-4-2000 passed by Assistant Director, Enforcement Directorate imposing a penalty of Rs. 60,000 for not taking sufficient and reasonable steps for repatriation of the export proceeds in contravention of the provisions of section 18(2) read with section 18(3) of the Foreign Exchange Regulation Act, 1973. 3. While disposing of application for dispensation of the pre-deposit, this Tribunal by order dated 13-11-2002 directed the appellant to make pre-deposit of the amount of penalty of Rs. 60,000 which the appellant failed to comply. He made an application dated 29-1-2003 describing that the appellant is to poor to make pre-deposit of the amount of penalty of Rs. 60,000. On this application, this Tribunal by order dated 31-1-2003 extended six months time. However, the appellant failed to make any pre-deposit till today. Presently, when this appeal is fixed for hearing and notice was served, the appellant again made an...

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Aug 22 2005 (TRI)

B.T. Agencies (P.) Ltd. Vs. Director, Enforcement Directorate

Court : Appellate Tribunal for foreign Exchange New Delhi

1. By this appeal the appellant has challenged the adjudication order No. DD(A.A)/DZ/363/2003/65 dated 22-12-2003 whereby a penalty of Rs. 2,30,000 has been imposed on the appellant for contravention of section 8(3) and 8(4) of FERA, 1973 (hereinafter referred to as the Act). This case was initiated by issuance of SCN No. T-4/251/DZ/2002/DD dated 28-5-2002 asking the appellant to explain why it should not be held guilty for its failure to submit exchange control copies of bill of entry against five remittances of foreign exchange of Rs. 39,94,362. The appellant replied to the said SCN. Not agreeing the adjudication proceeding was held and appellant was held guilty for non-submission of evidence of imports regarding three remittances of AED 82,986, GBP 14,971.02, GBP 13,462.50 total equivalent to Indian Rs. 22,98,117. Being aggrieved the appellant has preferred the present appeal alongwith the application for dispensation of pre-deposit of penalty. This Tribunal vide an order dated 5-4-...

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Aug 12 2005 (TRI)

Afroze Pasha Verus Director, Enforcement Directorate

Court : Appellate Tribunal for foreign Exchange New Delhi

1. This appeal has been preferred against the adjudication order No . AD(DSB)/BAN/33/99, dated 30-6-1999 whereby the adjudication authority imposed penalty of Rs. 700 on the appellant for contravention of section 6(1) of FERA, 1973 (hereinafter referred to as the Act) far having unathorisedly purchased various amount of foreign exchange US$ 2438, Stg. Pound 10, UAE Dhms. 700, Aus. $ 1355 and Saudi Riyals 100 and Rs. 300 for having unauthorisedly sold foreign exchange. The above- mentioned foreign exchange as well as Indian currency of Rs. 60,000 being the amount involved in the unauthorised purchase and sale of foreign exchange was ordered to be confiscated to the Central Government under section 63 of the Act. 2. This appeal came up for hearing in Bangalore camp on 27-6-2005. The appellant was neither present nor represented. Dr. Shamsuddin, DLA represented the respondent. The appellant has already filed written submissions which are taken on record. This is an old appeal of 1999. Lon...

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Aug 10 2005 (TRI)

Nagarjuna Impex (P.) 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 O.P. Nahar, Chairperson. The Appeal No. 393/2005 is filed against Adjudication Order No. 7-4/8-BAN./2001, dated 4-2-2005 and Appeal No. 394/2005 filed against Adjudication Order No. T-4/3-BAN./2000 dated 4-1-2005 both passed by Additional Commissioner of Income-tax as Adjudicating Authority, for contravention of the provisions of section 18(2) read with section 18(3) Foreign Exchange Regulation Act, 1973, on the reasons that reasonable steps are not taken for repatriation of the export proceeds of 10 GRIs in Appeal No. 393/2005 and 11 GRIs in Appeal No. 394/2005. Both these appeals are disposed of by this common order. 2. Learned Counsel Shri T.S. Murthy has filed two letters from RBI (1) dated 1st August, 2005; and (2) dated 2nd August, 2005, whereby extension is granted for repatriation of the export proceeds with regard to 21 GRIs till 28th January, 2006. As the question involved here is short so these appeals ar...

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Jul 29 2005 (TRI)

Jai Kaushal Trading (P.) Ltd Vs. Director of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

1. This is an appeal against Adjudication Order No. ADJ/1267/AD(HGS) /B/2003/4111 dated 18-9-2003 passed by Assistant Director, Enforcement Directorate imposing a penalty of Rs. 11,00,000 on the appellant for violation of provision of section 8(3) read with section 8(4) of Foreign Exchange Regulation Act, 1973 on alleged failure of the appellant to submit proof of import of goods against remittance of foreign exchange. 2. In this appeal short question of import of goods against remittance of foreign exchange including filing of proof thereof has arisen where authorized banker has issued two letters dated 21-10-2004 and 6-7-2005 confirming filing of proof of documents against import of goods. Hence, this appeal is taken up for final disposal on merits. 3. Appellants counsel has filed written submissions which are taken or record but written submissions are not received from respondent despite expiry of permitted weeks time. Hence, the following order is delivered without further waiting...

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Jul 27 2005 (TRI)

Avadh International Vs. Director, Enforcement Directorate

Court : Appellate Tribunal for foreign Exchange New Delhi

1. By this appeal the appellant has challenged the adjudication order No. Addl./(HKS)/11/23/91, dated 27-3-1991 passed by the Additional Director, Enforcement Directorate for contravention of section 18(2) of FERA, 1973 imposing penalty of Rs. 2,00,000 on the appellant-firm. The appellant has approached this Tribunal through one of his partner Mrs. Malti Khurana. The appellant has filed application for dispensation of pre-deposit of penalty amount which was partly allowed by erstwhile FERA Board vide its order dated 22-10-1991 directing the appellant to deposit Rs. 40,000 before 22-2-1992. The appellant deposited the said amount but in two equal instalments of Rs. 20,000 each. However, there was a delay in depositing the last self-created instalment. Appellants earnestness in compliance with the said order of FERA Board the delay/irregularity in making the pre-deposit was condoned by this Tribunal by order dated 31-3-2005. This appeal is accordingly, taken up for consideration for fina...

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Jul 21 2005 (TRI)

Bee Electronic Machines Ltd. Vs. Director of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

1. By this appeal the appellant has challenged the Adjudication Order No. ADJ/55-56/B/SDE/SKP/2004/1187, dated 19-2-2004 passed by Special Director, Enforcement Directorate imposing a penalty of Rs. 2,06,70,000 on the appellant company for alleged violation of provisions of section 8(3) read with 8(4) of Foreign Exchange Regulation Act, 1973 for the reason of not submitting proof of import of goods against remittance of foreign exchange. 2. The appellant has filed certificate dated 8-4-2004 from Canara Bank who is the authorized banker and also letter dated 22-9-2004 issued by Reserve Bank of India granting waiver. As the question raised in this appeal is short so the appeal is taken up for hearing on merits and final disposal. The appellant has taken four remittance of foreign exchange for import of goods against which it is legally obliged under section 8(3) read with 8(4) of FERA, 1973 to import goods within 6 months. These remittances are described in the adjudication order. The ap...

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Jul 06 2005 (TRI)

Vipen Parwanda Vs. Director of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

1. This order of the Appellate Tribunal for Foreign Exchange is delivered by O.P. Nahar, Chairperson. This is an appeal challenging adjudication order No. SDE-III/Adj./54/2004/AO(PKM) dated 17-2-2004 passed by Adjudicating Officer, Enforcement Directorate imposing penalty of Rs. 50 lakhs against the appellant for contravention of provisions of section 18(2) read with section 18(3) of Foreign Exchange Regulation Act, 1973 because of failure to take reasonable steps for repatriation of the export proceeds. This Tribunal took up and disposed of application for dispensation of pre-deposit of the penalty and allowed the appellant to make pre-deposit of 20 per cent of the amount of penalty by order dated 5-7-2004 stating therein that outstanding amount involved in repatriation is US$ 622734 when there is no proof as on record of bad financial condition. This order dated 5-7-2004 was passed when the appellant was represented by learned counsel Shri P. Ojha. 2. Against order dated 5-7-2004 ask...

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Mar 10 2005 (TRI)

Ceat Tyres Vs. Director, Enforcement Directorate

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. This appeal is filed against adjudication order No. SDE/SKP/111/52/2003 dated 17-7-2003 passed by Special Director, Enforcement Directorate imposing a penalty of Rs. 3,15,00,000 against the appellant for contravention of provisions of sections 8(3) and 8(4) of FERA, 1973 read with paras 7A, 20(i) of the ECM, 1995 read with sections 49(3) and 49(4) of the Foreign Exchange Management Act, 1999 for the reasons that appellant failed to prove that goods were imported against two remittances of foreign exchange. 2. Learned Counsel, Shri R. Parthasarathy, argued that SCN was not served on the appellant because of change of address. The non-intimation cannot be faulted against the appellant because there can be no suspicion/ doubt that these adjudication proceedings are going to be started when the appellant has duly imported the goods against two remittances of foreign exchange. Moreover the a...

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Oct 12 2004 (TRI)

Ms. Angammai Achi Vs. Director of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

1. Pursuant to this appeal the appellant has challenged adjudication order No. DD/MAS/36/2003(VS) dated 23-4-2003 passed by Deputy Director, Directorate of Enforcement imposing a penalty of Rs. 15,000 against the appellant for contravention of provisions of section 9(1)(c) of the Foreign Exchange Regulation Act, 1973 for the reason that the appellant acknowledged debt of Rs. 1,50,000 in favour of one George Joseph, resident of Saudi Arabia after receiving from him a cheque to the tune of Rs. 1,50,000. The appellant has already made pre-deposit of the amount of penalty of Rs. 15,000 with the respondent. Presently this appeal is heard on merits for final disposal. 2. Learned counsel for the appellant Shri Mahendra Singh argued that there is no evidence worth the name on which the impugned order can be passed and it is a product of imagination and surmises. The impugned order states that receipt of a cheque of Rs. 1,50,000 from Shri George Joseph of Saudi Arabia in the name of the appella...

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