9911796707
TMI Blog2003 (5) TMI 542X X X X Extracts X X X X X X X X Extracts X X X X ..... a penalty of Rs. 70,000 each. 2. The adjudication proceedings were held against both these appellants M/s. Sheela Trading Company as R-1 and the Proprietor thereof as R-2. 3. The charge against these appellants and the co-noticee was that they had failed to realise the export proceeds for the 7 Shipments of garments exported to M/s. Mac Textilegsellschaft, Germany during 1991 value whereof was declared as DM 1,14,054 and so had contravened the provision of section 18(2) and 18(3) of the Act, per show-cause notice bearing No. T-4/54-BZ/BAN/2000 dated 20-12-2000, hereafter termed as SCN . The SCN was served on the erstwhile Proprietor, on behalf of the concern; no reply was filed in response to the SCN. So the case proceeded with for persona ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant had not cared to submit any defence in reply to the respondent herein (the Enforcement Directorate) which called for at the enquiry held in furtherance to the information they had received from the Reserve Bank of India regarding the non-realisation of exports proceeds by the appellant concern, in time despite a reply by way of request for time for submissions. 7. It was further reveal that all export bills in respect of the appellant pending with Syndicate Bank, Bangalore were cleared off and that the export proceeds against the 7 GR totalling to DM 1,14,054 equivalent to Indian Currency Rs. 14,12,950 was outstanding for more than 180 days. From Canara Bank the Company s Banker had also the Directorate Officials were convinced that n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the very request by the appellant for writing off was initiated in 2002 long after the delivery of the impugned orders. The date of letter of request by the appellant for write-off is seen to be 20-8-2002. The appellants had obviously failed to seek time for realisation extended from the RBI. On no score, the impugned findings does suffer any infirmity or illegality; hence the impugned findings is concurred with. 9. As on the order of penalty, in view of the subsequent write-off of part of the export proceeds dues and also the realisation of the part of the outstandings though after the adjudication proceedings considering the efforts taken by the appellant in order to escape from penalty, realising their fault, and also since the proprie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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