TMI Blog2008 (7) TMI 1103X X X X Extracts X X X X X X X X Extracts X X X X ..... ddar, Member. 2. This appeal is directed against common adjudication order No. 40/AD/CLT/2000, dated 23-3-2000 passed by Assistant Director, Enforcement Directorate imposing total penalty of Rs. 35,000 on the appellant in appeal No. 247/00 and total penalty of Rs. 95,000 on the appellant in appeal No.248/00 for the reason of receiving/making payment locally in India by or under instructions of per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... late Forum permits him otherwise on the ground of undue hardship. The relevant provision of Section 52(2) of the Act reads as under :- (2) Any person aggrieved by such order may, (on payment of such fee as may be prescribed and) after depositing the sum imposed by way of penalty under section 50 and within forty-five days from the date on which the order is served on the person committing the cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he respective penalty amount. The appellants have failed to comply with the conditional judicial order dated 29-11-2008. The said order clearly spelt out the consequence of non compliance thereof. The appellants have not shown any bona fide in compliance with the said conditional order. Thus no equity lies in favour of the appellants. In such a situation, these appeals are dismissed for non-compli ..... X X X X Extracts X X X X X X X X Extracts X X X X
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