9911796707
TMI Blog2009 (9) TMI 1086X X X X Extracts X X X X X X X X Extracts X X X X ..... Directorate for contravention of section 4 of FEM Act, 1999. By an order dated 14.11.05 this tribunal directed the appellant to deposit 40% of the reduced penalty amount within 45 days. It I stated that the said order of this tribunal has been complied with. Presently, this appeal is taken up for final disposal on merit. 3. This case was listed for further hearing on 6.8.09 when Shri P. Ojha, Ld. Counsel appearing for the appellant undertook to file the statement of appellant made before the Enforcement Directorate. Despite waiting for considerable time no response could come form the Ld. Counsel. Therefore this tribunal is constraint to dispose off the matter on the basis of available record. The main crux of argument of Shri P. Ojha is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of currency brought was far less than USD 10,000 and thus no declaration was necessary. 4. Per contra Shri A.C. Singh, DLA contended that appellant in his statement dated 22.4.2003 specifically stated that the seized foreign currency and TCS belong to him and acquired by him abroad. Though at the time of filing a reply to SCN the appellant claimed that he was a resident of Saudi Arabia for past 27 years and the foreign currency in question were brought by him and his family but subsequently by a letter dated 19.12.2004 the appellant' again claimed that the amount seized by Enforcement Directorate was his hard earned money from salary and allowances which clearly shows that foreign currencies in question were brought by him and belonge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty as well as the first appellate authority is correct. Thus confiscation of the seized foreign currencies cannot be faulted with. 6. Now turning towards the quantum of penalty imposed it is seen that the first appellate authority has already reduced the original penalty amount to Rs. 5000/-. Thus the reduced penalty amount when compared with the amount of contravention involved cannot be termed as harsh and excessive. Therefore, this appeal is liable to be dismissed. 7. For the reasons stated above, this appeal is dismissed. The amount deposited is to be appropriated towards the realization of penalty amount. The appellant is directed to deposit the balance penalty amount within 7 days from the date of receipt of this order failing which E ..... X X X X Extracts X X X X X X X X Extracts X X X X
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