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Non-compliance with pre-deposit order under Section 19(1) of FEM Act, 1999. The judgment delivered by the Appellate Tribunal for Foreign Exchange pertains to appeals filed against an Adjudication Order imposing penalties for contravention of the Foreign Exchange Management Act, 1999. The penalties were imposed on an appellant company and three other individuals for failure to take reasonable steps for repatriation of export proceeds, as per the Foreign Exchange Management Regulations. Despite being served notice, the appellants did not comply with the pre-deposit order issued on 29.1.2009, leading to the appeal being taken up ex parte for further decision. The Respondent argued that the appeals should be dismissed due to the non-compliance with the pre-deposit order dated 29.1.2009, as mandated by Section 19(1) of the FEM Act, 1999. This section requires the deposit of the penalty amount while filing an appeal against an order imposing a penalty. The Tribunal is empowered to dispense with such deposit only in cases of undue hardship, subject to conditions it deems fit to impose to ensure penalty realization. The Tribunal highlighted the statutory obligation under Section 19(1) of the FEM Act, 1999, which necessitates the pre-deposit of penalty while filing an appeal unless the Tribunal permits otherwise based on undue hardship. The Tribunal emphasized that it cannot interpret the law differently to avoid harsh consequences, citing a Supreme Court judgment. The Tribunal reiterated that statutory laws must be applied as prescribed by the legislature without introducing sympathy or leniency. The judgment concluded that the appellants failed to make the pre-deposit of the penalty within the stipulated period, despite clear consequences outlined in the pre-deposit order. The Tribunal, based on the non-compliance with the pre-deposit order, dismissed the appeals. The decision was made in adherence to the provisions of Section 19(1) of the FEM Act, 1999, emphasizing the importance of complying with legal obligations and orders in such matters.
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