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2011 (2) TMI 1297

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..... Subhash Samvatsar, Chairperson, Appellate Tribunal for Foreign Exchange : 2. This appeal has preferred by the appellant challenging the order dated 31-5-2004 passed by the Asstt. Director, Directorate Enforcement in case No. ADJ/43/DZ2004/AD(BK)/2843 whereby the Asstt. Director Enforcement has imposed a penalty of Rs. 7,00,000/- for violation of Section 8(1), 9(1)(a), 8(1) read with Section 64(2 .....

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..... n on 29th June, 2000 wherein 11 entries of deposits of foreign exchange in this account of Gugan Ram. As per the said list first 2 deposits are made by Shri Gugan Ram and remaining by Shri Umesh Mendiratta. It is alleged that Shri Umesh Mendiratta was the employee of the present appellant and the said deposits are made at the instance of the present appellant. 4. The Adjudicating Authority after .....

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..... t the Asst. Director for arriving at his conclusion had relied on letter of Shri Umesh Mendiratta dated 20-11-2003, letter of Citi Bank dated 22-11-94, the credit vouchers and deposit slips signed by the shown deposit in the account of Shri Gugan Ram. All these documents were not made on part of the show cause notice and were never supplied to the present appellant. It is the basic principle admin .....

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