9911796707
TMI Blog2009 (10) TMI 1002X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Foreign Exchange Regulation Act, 1973 for having received amount in Indian currency from a local person under instructions from a person resident outside India, without the permission of the Reserve Bank of India. 3. The application for dispensation from pre-deposit of penalty amount was moved by the appellant along with the filing to this appeal which was heard and finally decided by this tribunal vide its order dated 02.07.2009. The application for dispensation was rejected by this tribunal finding no undue hardship in favour of the appellant. Thereafter two dates i.e. 27.08.2009 01.10.2009 have been fixed by this tribunal but the order has not been complied which shows lack of bonafide on the part of the appellant. Today, the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nally or subject to such conditions as it may deem fit. 5. Thus under the statutory scheme the appellant is under an obligation to file appeal simultaneously along with penalty amount unless and until dispensation is granted under Second proviso to Section 52(2) on the application of the appellant after getting satisfied about the prima facie good case and undue hardship of the appellant. While considering the effect of a similar provision dealing with non-compliance of the order passed under Section 129(1) of the Customs Act, 1962 for deposit of the penalty amount, the Hon'ble Supreme Court in Navin Chandra Chhotelal v. Central Board of Excise Customs and Ors., MANU/SC/0219/1971 held that where pre-deposit was not made in compliance wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appeal for non-compliance with the requirement regarding the deposit of penalty or duty, but when Sub-section (2) of Section 52 makes it obligatory on an appellant to deposit the penalty pending the appeal and if a party does not comply cither with the main sub-section or with any order that may be passed under the proviso, the Appellate Authority is fully competent to reject the appeal for non-compliance with the provisions of Section 52. In the instant case, the appellant has not compiled the order of this tribunal despite sufficient opportunity given to him where equity does not lie in his favour, in view of above discussion, I find force in the contention of Shri Jagat Singh, Advocate that the appeal is liable to be dismissed as per s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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