9911796707
TMI Blog2001 (7) TMI 1332X X X X Extracts X X X X X X X X Extracts X X X X ..... Member. This is an appeal filed by the appellant against a common Adjudication Order No. SDE (SSB)/IV/04 to 07/2001 dated 30-3-2001 passed against 5 persons by Special Director, Enforcement Directorate, imposing a penalty of Rs. 25 lakhs against the appellant for contravention of section 6(4) and 6(5) read with section 64(2) of the Foreign Exchange Regulation Act, 1973 ( the Act ). 2. The counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal may be heard on merits. After due consideration of the peculiar circumstances of this case, we feel inclined to dispense with the pre-deposit of the penalty amount and order accordingly. 3. Once dispensation of the pre-deposit is allowed, we thought it fit to take up the matter for final hearing. The notice to that effect had already been given to the parties. At this stage Shri T.K. Gadoo, D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anch (Chennai), contravened the provisions of section 6(4) and 6(5) read with 64(2) of the Act, by forwarding the letter of credit to the Regional Office of the Bank at Chennai with a recommendation for discounting bill even when condition precedent to that effect did never happen. 5. The allegations with regard to other co-notices are not discussed here because such other co-notices have also bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... apter 8.10 of the Exchange Control Manual, 1987 has occurred and the appellant is guilty of abatement of violation inasmuch as he recommended facility in favour of the firm who is the main violator of the legal provisions. However, Shri Gadoo has not been able to indicate as to what specific word in the letter amounted to abetment, especially when conspiracy or instigation on the part of the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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