9911796707
TMI Blog2001 (6) TMI 832X X X X Extracts X X X X X X X X Extracts X X X X ..... ed beyond the limitation period of 45 days but within 90 days of the receipt of the order and a stay petition seeking dispensation of pre-deposit of penalty amount. 2. In his petition for condonation of delay, the appellant has stated that he received a copy of the order appealed against on 13-3-2001. The appellant was, however, not sure about the amount of fee payable while filing this appeal. Nor he was clear of the Authority to which his appeal would lie. Accordingly, he wrote a letter to the respondent for clarification as to the amount of fee payable along with his appeal. When nothing was heard from the respondent, the appellant as a measure of abundant caution preferred an appeal before the Special Director which was well in time by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to write off balance amount are pending consideration of the RBI. Besides, the appellant also pleaded financial difficulties at the hearing, the appellant submitted that the entire non-realised amount of export proceed has been allowed to be written off by the RBI. In these circumstances, the stay petition seeking dispensation of pre-deposit of penalty is allowed. 5. Under Memorandum No. T-4/72/JPR/2000/SCN/1306 dated 30-10-2000 Shri Deepak Jain, S/o Shri Ladu Ram Jain, Prop. of Arihant Fashions, 428, Bees Dukan, Adarsh Nagar, Jaipur, was asked to show- cause as to why adjudication proceedings as contemplated in section 51 of the FERA should not be held against the appellant for non-realisation export proceeds valued of Rs. 9,65,006 under t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The appellant and his younger brother named Shri Arun Jain appeared before the Assistant Director, Enforcement, and stated that they have given written submissions to the department on 30-11-2000 and they have written to the RBI for writing off the said amount through their banker on 15-1-2000 and requested for grant of one week time. 7. The learned Adjudicating Authority, however, did not grant time as requested by the appellant and proceeded with the adjudication proceedings. Since the appellant company failed to get favourable decision from the RBI regarding extension or writing off, the learned Adjudicating Authority imposed a penalty of Rs. 90,000 under section 50 of the Act for the aforesaid contravention. 8. At the hearing of this ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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