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TMI Blog2009 (9) TMI 1083X X X X Extracts X X X X X X X X Extracts X X X X ..... s delivered by Shri O.P. Nahar, Chairperson, Appellate Tribunal for Foreign Exchange. 2. These appeals are filed against Adjudication Order No. SDE(SKP) VI/1/2004/FEMA dated 23.6.2004 passed by Special Director, Enforcement Directorate, imposing a penalty of Rs. 20 lakhs against the appellant company and Rs. 5 lakhs each against other three appellants as Director of the appellant company for contr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of pre-deposit order dated 29.1.2009 in accordance with the provisions of Section 19(1) FEM Act, 1999, which reads as under : - 19. Appeal to Appellate Tribunal (1) Save as provided in subsection (2), the Central Government or any person aggrieved by an order made by an adjudicating authority other than those referred to in sub-section (1) of Section 17 or the Special Director (Appeals) may pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity 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 the expiry of the said period of forty five days if it is satisfied that there was sufficient cause for not fling it within ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nly because of harsh consequences as said by a Latin saying that law is binding and harsh because it is law. While applying law prescribed by legislature no sympathy can come into play. 6. It can be looked from above discussion that a clear picture is drawn of failure to make pre-deposit of the penalty. The appellants have failed to make pre-deposit of the penalty within the period allowed despite ..... X X X X Extracts X X X X X X X X Extracts X X X X
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