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TMI Blog2011 (2) TMI 1298X X X X Extracts X X X X X X X X Extracts X X X X ..... Samvatsar, Chairperson, Appellate Tribunal for Foreign Exchange: 2. The present appeal is filed by the appellant challenging Adjudication Order No. SDE(R)/I/30-34/94, dated 22-3-1994 passed by Special Director, Enforcement Directorate, New Delhi where by the Special Director of Enforcement has imposed a penalty of a sum of Rs. 25,000/- to Shri Vinod Kapoor for violation of Section 9(1)(a) of FER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Pounds 90,069 at the rate of Rs. 30/- per pound and thus violated provisions of Section 9(1)(b) read with 64(ii) of FERA. The Adjudicating Authority after considering the evidence found that the allegations against the appellant is not found true. Similarly the Adjudicating Authority has held that the allegations in SCN No. IV are also not proved. The Adjudicating Authority found that allegatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was carrying out his business but this statement was retracted by him. From the perusal of the Impugned Order I find that the Adjudicating Authority in the entire judgment has not discussed anything except quoting the retracted statement of the appellant Shri Vinod Kapoor. 5. The Apex Court in the case of Vinod Kumar Solanki v. Union of India - 2009 (233) E.L.T. 157 has laid down that retracted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... This entry itself is not an acknowledgement of debt. For acknowledgement of debt there must be some actionable claim by the person in whose favour acknowledgement is made. Merely entry or the figure of dues of the other person in his own diary cannot be said to an acknowledgement of debt. 7. The Show Cause Notice No. V is issued for violation of provisions of Section 16(1)(a) of FERA. The charg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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