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Aug 26 2004 (TRI)

Pearl Polymers 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, Acting Chairperson. 2. This appeal is filed against adjudication order No. DD(A.A.)/DZ/21/2004 dated 20-1-2004, passed by Deputy Director, Enforcement Directorate, New Delhi, imposing a penalty of Rs. 4,00,000 for contravention of provisions of section 8(3) and 8(4) of FERA, 1973, read with section 68 of FERA, 1973 for the reasons that the appellant after obtained remittance of foreign exchange equivalent to Indian Rs. 72,07,000 failed to submit documentary evidence for the import of goods in India. 3. The impugned order has faulted the appellant merely on the question that amount of remittance stated by the bank does not tally with the amount taken. This discrepancy was explained to the adjudicating autho-rity by stating that usage interest is added to the original received amount. But the appellant was not believed. 4. A letter from Bank of Baroda is produced by learned counsel Shri Mahendra Singh...

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Aug 20 2004 (TRI)

Chandan Saha Vs. Director of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

1. This is an appeal against adjudication order No. SDE(SSB)II/33/2003, dated 10-10-2003 passed by Special Director of Enforcement, New Delhi imposing a penalty of Rs. 50,000 on the appellant for violation of section 9(1)(b) of Foreign Exchange Regulation Act, 1973. The appellant has made pre-deposit of Rs. 25,000 in compliance of the order dated 15-3-2004 passed by this Tribunal and Shri T.K. Gadoo, DLA confirms the same. Presently the appeal is taken up for hearing on merit. The appellants counsel has filed written submissions which are taken on record. 2. The admitted facts are that premises of one Shri Mantu Kumar were searched where four documents with certain amount of Indian currency were recovered. The said Mantu Kumar gave a confessional statement implicating the appellant involving him in contravention of FERA, 1973. Similarly, the appellant made confessional statement, which he later retracted, involving him in the activities in contravention of section 9(1)(b) of FERA, 1973...

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Feb 16 2004 (TRI)

Addi Fashions Vs. Director of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

1. All these appeals were preferred from an order dated 31-3-1998 of the Assistant Director of Enforcement Directorate, New Delhi in proceedings under section 51 of the Foreign Exchange Regulation Act, 1973, hereafter referred to as the Act for short, in respect of charges of contravention under section 18(2) and 18(3) read with section 68(1) of the Act; by virtue of the said order, all the notices the Firm by name M/s. Addi Fashions and its two partners, were found guilty of the charges and so the firm was imposed with penalty of Rs. 1,00,000 whereas the partners Rs. 1,25,000 each. 2. The Appeal No. 14 is by the Firm whereas the Appeal Nos. 15 and 16 are by its partners. The appellants were Noticee Nos. 1 to 3 in the adjudication proceedings. The charge against the firm was that M/s. Addi Fashions had failed to repatriate an export proceeds equal to Rs. 10,78,400 in respect of GR No. 676590 and GR No. 779280, dated 17-5-1990 without any general or special permission from the RBI and s...

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Jan 22 2004 (TRI)

Smt. G.D. Bharucha Vs. Director of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

1. This appeal is directed against Adjudication Order No. Adj./182/DD/JMJ/B/88 dated 13-12-1988 whereby the penalty of Rs. 24,000 was imposed on the appellant for contravening the provisions of section 9(1)(b) of Foreign Exchange Regulation Act, 1973. The appeal is accompanied with an application for dispensation of pre-deposit of the penalty amount on account of financial difficulties. 2. The case against the appellant has been that she received a sum of Rs. 80,000 in India through a person otherwise than an authorized dealer at the instance of her husband who was at the relevant time working in Saudi Arabia without the requisite permission from the authorities and this amounted to contravention of section 9(1)(b) of Foreign Exchange Regulation Act, 1973. In a statement dated 11-7-1988 the appellant honestly stated the facts and admitted the alleged receipt. However, she narrated the circumstances and the urgency in which it was done and submitted that there was no intention to commit...

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Oct 10 2003 (TRI)

Yespee Vs. Director of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

1. This appeal was preferred from the order of the adjudicating authority/Special Director of Enforcement, Mumbai, in proceedings under section 51 of the Foreign Exchange Regulation Act, 1973 (the Act) for charge of contravention of section 18 (2) and (3) of the Act; by virtue of the impugned orders, the appellants were found guilty of the charge and so were ordered to pay a penalty; the penalty imposed on the firm/first noticee was Rs. 4,00,000, whereas that on the partners was Rs. 40,000 each. The Enforcement Directorate had issued Show Cause Notice to these appellants (noticees in the adjudication proceedings); by virtue of SCN T-4/40/B/SDE/PKA/96, dated 10-7-1996 in respect of the export proceeds outstanding to the tune of Rs. 27,79,445 under 12 invoices to foreign countries abroad. The appellants had submitted in their reply that the firm had started its business only in 1992 and that on account of certain communal riots during December 1992 to January 1993, they had a lot of prob...

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Sep 26 2003 (TRI)

Mamta International Vs. Assistant Director, Enforcement Directorate, M ...

Court : Appellate Tribunal for foreign Exchange New Delhi

D.P. Sharma, Chairperson. - This Appeal is directed against Adjudication Order No.ADJ/442/AD(PKB)/2002, dated 20-1-2003, whereby the Appellant has been held guilty for contravening the provisions of section 8(3) and 8(4) of the Foreign Exchange Regulation Act, 1973 for which a penalty of Rs. 15 lakhs has been imposed on the Appellant firm. 2. Shri Vaishnav, the Counsel appearing on behalf of the Appellant submitted that the necessary import has in fact been made by the Appellant as is evidenced by the documents at Exhibit A and Exhibit B to the Memorandum of Appeal. Therefore, the finding that they have failed to import and thereby contravened the provisions of section 8(2) and 8(4) of the Foreign Exchange Regulation Act, is unsustainable. From the letter of Union Bank of India and a copy of which is at Exhibit A and copy of invoice of M/s. Sonitex Industrial Co. Ltd., the Bill of Entry for home consumption and T.R.6 challan No.19994787 copies of which are collectively marked as Exhibi...

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May 12 2003 (TRI)

Encee Aromatics (P.) Ltd. Vs. Director of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

1. These appeals have been filed against order dated 8-10-1999 passed by Shri K.R. Bhargava, Special Director of Enforcement in a proceeding against the appellants for contravention of section 8 of the Foreign Exchange Regulation Act, 1973 : 2. On the basis of information that appellant M/s. Encee Aromatics Ltd., Bangalore were grossly under invoicing consignments of Jasmine concrete and tube rose concrete exported to M/s. Oriental Frangrances Ltd. Switzerland the officers of Enforcement Directorate Bangalore searched the premises of the Chairman, Vice-Chairman, office and factory premises of M/s. Encee Aromatics and other places on 11-3-1986 and seized foreign currencies from Chairman and documents, Indian currency (Rs. 4,00,000) from Vice-Chairman and documents and Export documents from office and factory premises of the company appellant. 3. Statement of the Chairman was recorded under section 40 of FERA 1973, documents seized from the Chairman were accounts maintained by W/A/Hartma...

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May 12 2003 (TRI)

Samrat Ashok Exports Ltd Vs. Director of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

1. Heard Shri J.S. Arora for the appellant and Dr. Shamsuddin DLA for the Enforcement. 2. Appellant No. 1 had an export outstanding to the tune of Rs. 2.77 crores approximately which has remained unrealised without permission of RBI. Notice was issued to the appellant for contravention of section 18(2) and 18(3) of FERA, 1973. 3. The company at the time of issuance of notice had moved an application before Board of Industrial and Financial Reconstruction. The company pleaded that for the above reason adjudication proceeding was barred. 4. The second substantial plea was that the company had obtained ECGC cover for an amount of Rs. 5 crores and all the bills were covered by ECGC cover. Hence proceeding was not maintainable as payment by insurance would mean realisation of foreign exchange. 5. The company had also taken steps to file recovery suit in a competent court of law in the USA (o.o. Civ. No. 3586) in District Court against three foreign buyers. The appellants according to their ...

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May 06 2003 (TRI)

Syedullah Sheriff Vs. Director of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

1. The prayer for dispensation of pre-deposit of penalty is allowed and appeal is being disposed off on merits. The case against the appellant was that information was received by Enforcement Directorate to the effect that appellant would be receiving payment of Rs. 6 lakhs from one Shri Kanthi Bai; that on search of the residential and shop premises of the appellant resulted in seizure of Rs. 27,000 along with certain other incriminating documents. The appellant in his statement under section 40 disclosed that one Syed Arabia was working in a shop in Saudi Arabia and who informed that after reaching Riyadh he would be making arrangements in Riyadh and send amounts to him through persons which could be handled by him in Bangalore and after receipt of the money, he should make payments to various persons in Bangalore and the addresses of such persons would be furnished to him. Syed Anwar had offered him a commission of Rs. 200 for distribution of each lakh and he agreed to this proposal...

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May 05 2003 (TRI)

P.M. Shahul - Hameed Vs. Director of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

1. Heard Shri Mahendra Singh for the appellant and Shri T.K. Gadoo for the respondent. The appellant P.M. Shahul Hameed has been held guilty for contravention of sections 8(1) and 8(2), read with section 64(2) of FERA, 1973 and ordered to pay penalty of Rs. 55,000 coupled with confiscation of Rs. 3,56,000. Indian currency from the appellant by the Custom Authorities along with foreign exchange from the appellant on 15-7-1993. The appellant in his statement under section 40 admitted that he was dealing in foreign exchange locally and sending currency to Bombay for conversion into Indian currency. He stated that he alongwith other accused gone to Bombay and sell the foreign currencies for Rs. 5,39,015 of which an amount of Rs. 3,56,000 have been seized by the customs. The documents marked A, B, C and D disclosed the foreign currencies, the appellant had purchased earlier. Later he retracted his statement. After a gap of time the appellant sought to explain the ownership of Rs. 3,56,000 b...

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