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2008 (7) TMI 1121

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..... DER O.P. Nahar, Chairperson. - These three appeals are filed against Adjudication Order No. ADJ/197/DD(AKL)/B/2004, dated 26-4-2004 passed by Deputy Director, Enforcement Directorate, imposing a penalty of Rs. 25,00,000 against the appellant-company and Rs. 2,50,000 each against other two appellants as Director of the appellant-company for contravention of section 18(2) read with section 18(3) of .....

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..... 18(3) of FER Act, 1973, can be made out. He has filed three letters from Oriental Bank of Commerce. Per contra, Shri A.C. Singh, DLA, contended that the two letters from Oriental Bank of Commerce have described GR Nos. along with amount but third letter only describes GR No. with no mention of the amount involved. This, he controverted the arguments advanced by Ld. Counsel Shri Mukesh Jain and sup .....

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..... resent the full export of value of the goods subject to such deductions, if any, as may be allowed by the Reserve Bank; and (B) in a case falling under sub-clause (ii) of clause (a) of sub-section (1), also that the sale of goods is delayed to an extent which is unreasonable having regard to the ordinary course of trade : Provided that no proceedings in respect of any contravention of the provisio .....

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..... if the amount of one GR is not mentioned that hardly makes the difference because there is no discrepancy so far as the number and date of this GR is concerned. Looking towards this situation, the impugned order is required to be quashed and set aside. 7. For the reasons stated herein above, these appeals are allowed having merits. The impugned order is quashed and set aside. - - TaxTMI - TMIT .....

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