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TMI Blog2018 (11) TMI 188X X X X Extracts X X X X X X X X Extracts X X X X ..... d that they do not have any money. Given their precarious financial position and undue hardship, we must set aside this condition altogether or reduce the amount to a paltry sum of approximately two lakhs. Tribunal was ready and willing to hear the restoration application provided a fair stand was taken by the appellants. On such occasions, when the restoration applications of the appellants were placed before the Tribunal, they chose to remain absent. They did not cooperate with the Tribunal. The Tribunal was not obliged to wait for them. Its the appellants who desire another opportunity to have an adjudication on merits. However, their conduct is not consistent and justice cannot be rendered to those who have failed to show their bona fides in the instant case. We find that the bona fides are totally lacking. The Tribunal has indulged the appellants enough and we do not see the discretion exercised by the Tribunal to be arbitrary or capacious enabling us to entertain these Appeals. - FEMA APPEAL (STAMP) NO.30829 OF 2018 WITH CIVIL APPLICATION (STAMP) NO.31029 OF 2018,WITH FEMA APPEAL (STAMP) NO.30797 OF 2018 WITH CIVIL APPLICATION (STAMP) NO.31036 OF 2018 WITH CIVIL APPLICAT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... port of Goods and Services Regulation 2000) as alleged in the SCN to the extent of US$ 2,24,90,927 and ₹ 66,74,78,440. I find them guilty of the said contravention and impose the following penalties: 1. M/s. Silverline Technologies Ltd. Rs.20,00,00,000/(Rupees Twenty Crores Only) 2. Shri Ravi Subramanian, Chairman Rs.1,00,00,000/(Rupees One Crore only) 3. Sh. Krishna Kumar Subramanian Rs.1,00,00,000/Vice President (Rupees One Crore only) 4. Sh K. Kulathu Subramanian@ Mohan Subramanian, Director Rs.50,00,000/ (Rupees Fifty Lakhs only) While imposing the penalties, I have kept in mind the fact that at the relevant time, there was a global recession especially in the I.T. Sector and the e Commerce and dot.com business has taken a big hit after 9/11 in USA and that there was large scale retrenchment of the work force across the globe especially in I.T. sector. The penalty of ₹ 20,00,00,000/( Rupees Twenty Crores ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its. In the impugned order of 31st January, 2018, the Tribunal held as under: This Tribunal in the main Appeal No. 165/2009 on 14th July, 2009 directed to the appellant to pay 20 per cent of penalty levied by way of pre-deposit to admit the main appeal. The said order was not complied. The order dated 16th August, 2017 is reproduced hereinbelow: On 8th July, 2016, the following order was passed. However, in the interest of justice absolute last opportunity is afforded. Issue notices to the petitioners in the review petition as well as to Ld. Counsel representing the petitioners for the next date of listing. It is made clear in the case on the next date of listing no body appears representing petitioners / appellants, order in accordance with law may be passed. Put upon 10.11.2016 . No one appears on behalf of the appellant. Even the review petition is time barred and the same is filed after five years. The same is dismissed. The appeal is also dismissed for noncompliance of directions. The fresh application has been filed for recalling the said order. We have asked the appellant that the said order would be recalled if the appellant is prepared to comply wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther than those referred to in sub-section(1) of section 17, or the Special Director (Appeals), may prefer an appeal to the Appellate Tribunal; Provided that any person appealing against the order of the Adjudicating Authority or the Special Director (Appeals) levying any penalty, shall while filing the appeal, deposit the amount of such penalty with such authority as may be notified by the Central Government. Provided further that where in any particular case, the Appellate Tribunal is of the opinion that the deposit of such penalty would cause undue hardship to such person, the Appellate Tribunal may dispense with such deposit subject to such conditions as it may deem fit to impose so as to safeguard the realisation of penalty. (2) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order made by the Adjudicating Authority or the Special Director (Appeals) is received by the aggrieved person or by the Central Government and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed. Provided that the Appellate Tribunal may entertain an appeal after ..... X X X X Extracts X X X X X X X X Extracts X X X X
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