2001 (9) TMI 1188 - AT - FEMA

Summary

Issues:
- Appeal against Adjudication Order imposing penalty for contravention of Foreign Exchange Regulation Act, 1973.

Analysis:
1. The appellant, a proprietor of an export firm, was penalized for contravening sections 18(2) and 18(3) of the Foreign Exchange Regulation Act, 1973, by failing to secure export value and delaying payments without RBI permission. The appellant defended by detailing efforts made for realisation, including personal visits, legal considerations, and depositing partial proceeds. The legality of the Adjudication Order was challenged for lack of reasoning on appellant's actions.

2. The appellant's counsel argued that the order lacked specifics on appellant's actions and reasonableness, emphasizing the impact of unforeseen delays and efforts to secure payments. The appellant's reply and written submissions highlighted steps taken for realisation, including communication with RBI for write-offs and extensions. Counsel contended that the Act penalizes failure to take reasonable steps, not the actual realisation of proceeds, and asserted that the appellant had fulfilled obligations.

3. The respondent countered, stating the appellant failed to timely apply for RBI extensions, citing a Madras High Court judgment emphasizing the importance of such applications. However, the appellant later provided evidence of extension requests made to RBI through Canara Bank and Central Bank of India, albeit delayed. Despite some efforts made by the appellant, the failure to promptly seek extensions was noted.

4. The Tribunal acknowledged the appellant's actions for realisation but emphasized the necessity of timely RBI applications for extensions. Considering the circumstances, including the appellant's family background and efforts made, the penalty was reduced from Rs. 1,50,000 to Rs. 50,000. The already deposited amount was adjusted against the revised penalty, and the appeal was partly allowed.

5. Ultimately, the Tribunal modified the Adjudication Order, reducing the penalty imposed on the appellant for contravention of the Foreign Exchange Regulation Act, 1973, highlighting the importance of timely RBI applications for extensions despite recognizing the appellant's efforts towards realisation of export proceeds.