9911796707
TMI Blog2022 (6) TMI 1043X X X X Extracts X X X X X X X X Extracts X X X X ..... irectorate within a period of eight weeks, with a clarification that the amount of US$ 1,300 should be converted in Indian rupees as per the rate prevailing as on today i.e. 14 June 2022 and be paid to the Appellant within a period of eight weeks along with interest. We place the responsibility of compliance with this order on the Assistant Director, Enforcement Directorate, the Respondent No.2 and if the order is not complied within a period of eight weeks as above, the Court may take serious view of non-compliance. As regards the claim of interest is concerned, it is the contention of the Enforcement Directorate that since the Department had offered to return the amount immediately in Indian rupees, interest need not be imposed. The or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om perverse appreciation of evidence and, accordingly, allowed the appeal. The Enforcement Directorate was directed to return US$ 1,300/- to the Appellant within a period of eight weeks. Thereafter this civil application is taken out by the Enforcement Directorate seeking a clarification that the amount of US$ 1,300 which was deposited in the Government s account be allowed to be returned in the form of Indian rupees. 4. The learned counsel for the Enforcement Directorate contended that as per section 42 of the Act of 1973, a procedure has been provided for encashment of cheques/drafts and other instruments and they have to be encashed accordingly and the Department did not have US dollars with them to be returned. The learned counsel fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . In the case of Jatin C. Jhaveri, the Division Bench had also noted that the Department had not placed any specific directions given by the Central Government as to how to deal with such foreign currency. 6. The order dated 30 September 2010 passed by the Division Bench is specific and clear. The order directs the Enforcement Directorate to return foreign exchange so that the Appellant would be entitled to deal with the foreign exchange as per law. The Division Bench has clearly contemplated return of foreign exchange i.e., US$ 1,300. 7. Furthermore, we note that this order was passed on 30 September 2010. This application was filed on 5 March 2012 and remained pending. In spite of mandate of eight weeks, the approach of the En ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant within a period of eight weeks along with interest. We place the responsibility of compliance with this order on the Assistant Director, Enforcement Directorate, the Respondent No.2 and if the order is not complied within a period of eight weeks as above, the Court may take serious view of noncompliance. 10. As regards the claim of interest is concerned, it is the contention of the Enforcement Directorate that since the Department had offered to return the amount immediately in Indian rupees, interest need not be imposed. The order dated 30 September 2010 stipulates 10% interest. The Department has not followed the procedure under section 42(4) of the Act and has taken unilateral steps. The approach of the Enforcement Directorate ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
