9911796707
TMI Blog2005 (12) TMI 616X X X X Extracts X X X X X X X X Extracts X X X X ..... har, Chairperson. By virtue of this appeal, the appellant has challenged Adjudication Order No. ADJ/159/B/SDE/KNR/2004/4423, dated 26-5-2004 passed by Special Director, Enforcement Directorate, imposing a penalty of Rs. 44,42,600 for contravention of the provisions of section 8(3) read with section 8(4) Foreign Exchange Regulation Act, 1973, on the reasons that the appellant after obtaining remitt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated that bill of entry in respect of remittance in question is filed on 25-6-2004. Looking towards this aspect of the matter, this Tribunal has taken up this appeal for final disposal on merits. 3. As stated above, the authorized banker has said in its letter dated 25-6-2004 that Bill of Entry as proof of import of the goods against impugned remittance of foreign exchange is filed. The language s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat Bill of Entry has not been filed within 3 months as described in Para 7A.20 (Chapter-7) of the Exchange of Control Manual. Hence, the appellant had been, in these circumstances, negligent in filing the proof of import of goods. Therefore, the adjudication order is required to be sustained and maintained. 5. Admittedly, the goods were imported against the acquired foreign exchange equal to Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of goods will become punishable with a penalty. Hence, the arguments advanced by Shri T.K. Gadoo, DLA, do not contain merit and are required to be rejected. 6. The appellant has spent the foreign exchange in import of the goods and has also filed proof of such import before the authorized banker though after expiry of some time. Therefore, this appeal contains merit and adjudication order is req ..... X X X X Extracts X X X X X X X X Extracts X X X X
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