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May 01 2003 (TRI)

Mohd. Ismail Shabandri Vs. Director of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

1. Heard Shri Mahendra Singh, counsel for the appellant and Dr. Shamsuddin, DLA for the respondent. In the order under appeal a penalty of Rs. 2.50 lakhs has been imposed on the appellant and Rs. 7 lakhs seized from the scooter of the appellant has been ordered to be confiscated. The appellant, according to case of the Enforcement was intercepted on 18-4-1990 by the officers of Enforcement Directorate at Nagappa Street, Bangalore. The appellant was driving a scooter at the time bearing registration No. CKR 8346. The appellant tried to run away leaving the scooter and carried Indian currency in a packet. He was chased and apprehended. On search Rs. 7 lakhs and certain incriminating documents showing hawala transactions were seized. A bunch of loose sheets consisting of certain amounts counterfoils and pay-in slips were recovered and seized. Then the statement of the appellant was recorded on 19-4-1990. He explained the position of Rs. 7 lakhs by stating that he has received the said am...

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Mar 26 2003 (TRI)

Diamart India Ltd. Vs. Director of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

1. These appeals have arisen from adjudication order dated 18-12-2001 of the Special Director whereby M/s Diamart India Ltd. and its two partners have been held guilty for contravention of section 18(2) and 18(3) of FERA, 1973. A penalty of Rs. 10 lakhs has been imposed on the firm and Rs. 5 lakhs each on the two partners. 2. The charge against the appellant was that during the year 1996-97 M/s Diamart India Ltd. exported diamonds to the overseas buyers at Antwerp, Hongkong and Thailand and failed to realise the export proceeds to the tune of US $ 5,36,879.76 in respect of 10 GR forms which was mentioned in annexure A of SCN. SCN was issued on the strength of information received from Vysya Bank Ltd., Overseas Branch, Mumbai that certain export bills of the company were pending for realisation beyond the period of six months from the date of its shipment. Shri Sanjey Parekh was examined and stated that out of 13 GR export proceeds, the export proceed in respect of 4 GRs were realised...

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Feb 04 2003 (TRI)

Dayal Fatumal Jiandani Vs. Director of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

1. In this appeal the appellant has challenged the legality of the order dated 30-6-1996 whereby Addl. Director, Enforcement Chennai was pleased to impose a penalty of Rs. 50,000 on the appellant for violation of section 8(1) of FERA. According to the charge it is alleged that the appellant was intercepted by the Customs authorities at Madras International Airport and from his possession foreign exchange of US $ 21950 and Pound 1000 was found. The appellant in his statement dated 2-8-1994 before the Customs authorities stated that foreign currencies were purchased through unknown brokers and was carrying to Singapore and Hongkong. He further stated that he used to bring foreign goods to India and sell them on profit. In reply to SCN he denied the allegation and argued that appellant is not a person resident in India and as such appellant does not come under the perview of section 2(p) of the FERA. In this connection reliance has been placed on the decision in the case of Director of En...

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Jan 31 2003 (TRI)

S.N. Gupta Vs. Director of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

1. A penalty of Rs. 1 lakh has been imposed on the appellant Shri S.N. Gupta for contravention of section 8(1) of FERA, 1973. According to the record, the appellant has deposited the penalty. 2. The same amount of penalty has been imposed on Mrs. Chaman Padda. She has also deposited the penalty. 3. The charge against the appellant was that Mrs. Chaman Padda, Principal and Capt. S.N. Gupta, Chairman of Manav Kendra School, Manav Kendra Enclave, Keshav Puram Pump House, New Delhi acquired DM 20,000 from one German Lichtheim Society, Germany, without any general or special permission of Reserve Bank of India. Acquisition of foreign exchange by an Indian citizen without permission of RBI is prohibited under section 8(1) of FERA, 1973. The charge was based on three documents viz. (i) Certificate bearing No. MKS/D/92 dated 1-4-1992 signed by Mrs. Chaman Padda, (ii) Certificate dated 24-2-1994 signed by Sabine Krautstrunk of West Germany and (iii) Letter dated 1-9-1994 of Sabine Krautstrunk...

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Oct 01 2002 (TRI)

S.K. Mittal Vs. Director of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

1. The enforcement Directorate initiated proceedings against Shri Rajiv Gambhir, Shri S.K. Mittal and Shri Umesh Mendiratta for violation of section 9(1)(d) and 9(1)(b) of FERA, 1973. After conclusion of the proceedings all the three persons mentioned above were held guilty and penalties were imposed upon them. In this appeal we are concerned in the case of Shri S.K. Mittal who has been directed to pay Rs. 15,000 which he has deposited. The other two proceedees namely Rajiv Gambhir and Umesh Mendiratta have not appealed against the order. 2. The facts of the case are that one Shri N.N. Gupta a person resident in Dubai maintained two NRE accounts with Citi Bank and American Express Bank Ltd. New Delhi. During investigation it came to light that Rajiv Gambhir had made payment of Rs. 6,20,000 to the present appellant Shri Mittal and Umesh Mendiratta during 1993 by order of N.N. Gupta. Charge against the appellant was that he and Umesh Mendiratta received the abovementioned amount from Gam...

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Jan 16 2002 (TRI)

World Gem Corpn.Vs. Director of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

1. Through the medium of this application, the appellant (in Defective Appeal No. 221 of 2001) has sought the reliefs of transfer of the appeal before Special Director (Appeals) under section 17 of the Foreign Exchange Management Act, 1999, (the FEMA) and its maintainability in the form of a joint appeal filed on behalf of the firm and its partner. The fee payable is to the tune of Rs. 5,000 and not Rs. 10,000. 2. In support of these averments, Shri Rana, the learned counsel, has contended that appeal was filed after the repeal of the Foreign Exchange Regulation Act, 1973 (the FERA) which was replaced on 1-6-2000 by the FEMA. The order under appeal was passed by the Asstt. Director of Enforcement, and, under section 17; the appeal lies to the concerned Special Director (Appeals), and not under section 19, before this Tribunal. Till today, no appointment has been made of the Special Director (Appeals) and the Adjudicating Authority (Assistant Director of Enforcement) is taking steps for...

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Aug 30 2001 (TRI)

international Carpet Corpn Vs. Assistant Director, Enforcement Directo ...

Court : Appellate Tribunal for foreign Exchange New Delhi

1. This appeal is against Adjudication Order 19/VSI/2001 dated 21-6-2001 whereby a penalty of Rs. 55,000 has been imposed on the appellant firm for contravening the provisions of section 18(2) and 18(3) of Foreign Exchange Regulation Act, 1973 to be paid by its partners. In the dispensation application, the appellant have sought waiver of pre deposit of penalty on the ground of strong prima facie case and the balance of the convenience in their favour as well as financial difficulties in pre depositing the amount of penalty as the business of the appellants firm has been badly shattered. 2. Dr. Shamusuddin on behalf of the respondents submitted that the evidence said to be relied upon by the appellant was not adduced in the adjudication proceedings and therefore, the case should be remanded back to the adjudication officer for re-adjudication. 3. In the facts and the circumstances of the case as well as the amount of penalty involved, I do not consider it just and proper to remand the ...

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Aug 27 2001 (TRI)

Khan Carpets Export Ltd Vs. Deputy Director of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

1. This appeal is against the Adjudication Order No. 45/2001 /DD(VS) dated 29-11-2000 of the Deputy Director of Enforcement, Calcutta, whereby a consolidated penalty of Rs. 3 lakhs is imposed on the appellants for contravening the provisions of section 18(2) read with section 18(3) of the Foreign Exchange Regulation Act, 1973. 2. Vide Memorandum No. C-70/99 SCN/DD dated 22-11-1999, the appellant-company was charged with failure to take steps to realise the total export proceed amounting to DM 1,63,866.89 from the German buyer in respect of two consignments vide GR Form Nos. AL375281 dated 30-5-1996 and AL935203 dated 1-7-1996 and thereby contravened the provisions of section 18(2) read with section 18(3) and was asked to show- cause why action should not be taken for the said contravention of the provisions of the Act. In their reply, the company admitted the non- realisation of the amount but denied the charge that they have failed to take reasonable steps for its realisation and stat...

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Aug 27 2001 (TRI)

Washeem and Bros. Vs. Assistant Director of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

1. This is an appeal against the Adjudication Order No. 02/SVI/2001 dated 16-1-2001 of Assistant Director of Enforcement in File No. T-4/81/Exp./VSI/99 whereby a penalty of Rs. 50,000 has been imposed on the Appellant firm Washeem and Brothers, Varanasi, to be disposed of by its partners as the firm has already gone into liquidation for contravention of the provisions of section 18(2) read with section 18(3) of the Foreign Exchange Regulation Act, 1973 (the Act). 2. The Appellant-firm has been charged with failure to take all reasonable steps to realise the outstanding export proceeds. It is seen that the Appellant-firm effected shipment of carpets for export to Germany under cover of GR Forms No. AH207153 for US $ 32514.14, AH 414933 for DM 10886.88, AH 206316 for DM 10365.21 and AM 268573 for DM 15865.50 and the said export proceed remained unrealised. In their reply to the show-cause notice, the Appellant-firm named their Banker for failure to take necessary action for realisation o...

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Aug 21 2001 (TRI)

United Enterprises Vs. Special Director of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

1. These three appeals arise from a common adjudication order No. SDE (K)/T/1-4/84 dated 25-1-1984 of Special Director of Enforcement Directorate and as such are being disposed of by this common order. 2. The appellant in Appeal No. 640 of 1986 died on 3-9-1987 as per the certificate of death No. 6688 dated 14-9-1987 issued by Municipal Corporation of greater Bombay. Since the legal representatives of the appellant were not brought on record, this appeal abated in terms of the order of Foreign Exchange Regulation Appellate Board dated 12-7-1989. 3. It is further noted that the respondent initiated criminal proceedings against the appellants herein under section 56, read with section 9(1)(b), 9(1)(d) and 9(1)(e) of the Foreign Exchange Regulation Act (the Act), 1973 vide case Nos. 65, 66/CW of 1985. In both these cases, appellant No. 1 and appellant No. 3 were acquitted vide judgment of the Addl. Chief Metropolitan Magistrate, 8th Court, Esplanade, Bombay dated 19-1-1988 and 1-2-1988 r...

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