9911796707
TMI Blog2001 (7) TMI 1333X X X X Extracts X X X X X X X X Extracts X X X X ..... applicant who has filed an appeal before this Tribunal can appoint a legal practitioner or a Chartered Accountant to appear and plead and act on his behalf. Shri Quraishi does fall under any of these two categories of authorised representative, he, therefore, cannot be allowed to make representation. 2. When this appeal was last fixed for hearing on 11-6-2001, notice of hearing were sent to the appellants as well as the appellant s counsel Ms. Radha Rangaswamy. Both the notices were duly served on the addressees. However, no communication was received from the counsel. The firm made a written request for adjournment. The respondents then prayed for ex parte hearing against the appellants. However, I did not consider it expedient to accede ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... against Webta (P.) Ltd., Calcutta and out of the said claim amount, a sum of Rs. 20,908.35 was deducted by the buyer from the undrawn balance of export proceeds in respect of GR No. GA-259287 dated 16-10-1984 effected by Webta (P.) Ltd., Calcutta as per contract clause No. 10 of contract No. 04/01/30650 dated 7-3-1983. In the year 1987, the appellant firm instead of realising the undrawn balance of Rs. 33,238 in respect of GR No. GH-061446, allowed to the buyer Sojuzpushnina to adjust their balance claim of Rs. 33,238 raised against Webta (P.) Ltd., Calcutta without any general or special exemption from the RBI and it was also found that the entire operation was done at the behest and active participation of Shri Feroze Ahmed, Managing Part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lty of contravening the provisions of the FERA with which they were charged. I do not find any infirmity on this account in the impugned order. 6. However, it is seen that the amount involved in the contravention is considerably a small one, viz., Rs. 33,000 (approximately) and the export proceeds have been substantially realised. Although mala fide is not an essentially constitute of the contravention with which the appellants are charged with, the fact remains that the bona fide of the appellants would still be a relevant factor having mitigating effect on the penalties to be imposed on the appellants in the said contravention. It appears that the appellants were guided by more business consideration rather than having any intention to co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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