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TMI Blog2005 (7) TMI 740X X X X Extracts X X X X X X X X Extracts X X X X ..... n Order No. ADJ/1267/AD(HGS) /B/2003/4111 dated 18-9-2003 passed by Assistant Director, Enforcement Directorate imposing a penalty of Rs. 11,00,000 on the appellant for violation of provision of section 8(3) read with section 8(4) of Foreign Exchange Regulation Act, 1973 on alleged failure of the appellant to submit proof of import of goods against remittance of foreign exchange. 2. In this appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he copy of adjudication order was given when it came to its knowledge due to issuance of demand notice for recovery of the penalty. The authorized banker i.e., United Western Bank Ltd. has by letter dated 21-10-2004, as available at p. 27 of the records, confirmed receipt of bill of entry with regard to remittance dated 2-5-1996 of the amount equivalent to Indian Rs. 10,63,962. A letter dated 6-7- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that filing of bill of entry and exchange control copy against import of the goods in lieu of remittance of foreign exchange is merely a technical offence, where penalty should not be imposed. 6. In opposition Shri T.K. Gadoo, DLA argued that appellant according to his own admission received copy of the adjudication order though upon its request on 18-9-2004 but filed the appeal before this Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dia) (P.) Ltd. v. Commerz Bank A.G. 2000 (32) DRJ 213. The plea for condonation is taken up stating and explaining the facts that receipt of show-cause notice and issuance of certificate by authorized banker consumed time, otherwise the appellant never wanted to delay the filing of appeal. Moreover the appellant could not have benefited by doing so. 8. No doubt, the period of limitation is require ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inst remittance of foreign exchange and also filed proof thereof with the authorized banker for which the banker has also given certificate. In this situation, the contravention of provisions of section 8(3) read with section 8(4) of FERA, 1973 cannot happen. Therefore, the adjudication order is liable to be set aside and quashed. This appeal contains merit. 10. For the reasons stated herein above ..... X X X X Extracts X X X X X X X X Extracts X X X X
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