2000 (2) TMI 889 - AT - FEMA

Summary

The appeal concerns the adjudication order No. AO/178 of 1989, which imposed a penalty of Rs. 7,500 on the appellant for contravening section 9(1)(b) of the Foreign Exchange Regulation Act, 1973. The appellant admitted to receiving Rs. 30,000 from his brother residing outside India in a manner violating the Act but argued that the contravention was a technicality due to circumstances and was a solitary instance. Despite the appellant's plea for leniency based on ignorance of the law and personal hardships, the Tribunal, led by Hon'ble Sarvesh Chandra, Chairman, found the penalty not excessive and upheld the impugned order. The appeal was dismissed, with instructions that if the penalty was already paid, it would be considered settled; otherwise, the respondents could recover the amount after 45 days.