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TMI Blog1997 (11) TMI 554X X X X Extracts X X X X X X X X Extracts X X X X ..... w-cause notice No. T-4/9-G/96 for an offence of contravention of sections 8(1) and (2), read with section 64(2) of the Foreign Exchange Regulation Act, 1973, ( the Act ). 2. In brief it is the case of Enforcement Directorate that on 22-12-1995, while conducting a search at the shop premises of Al-Siddiqi, New Market, Margao - Goa, allegedly the appellant came to the shop and during his personal se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ement, decided the matter of his own without going through the reply properly and as such, the appellant is prejudiced by the said order. Hence, this appeal. The main grounds of the appeal of the appellant are : (i) That the order is against the principle of natural justice and good conscience. (ii) Assistant Director, as stated above, has not taken all aspects into consideration while deciding th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... truth, whether the father of the appellant was working abroad in a hotel and the currency could belong to his father. While passing the order, the learned Assistant Director has accepted one truth that his father was working in a foreign country but did not accept the other part that the currency was found in his house later on. (vi) Everybody was in distress on the death of his father, hence the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... session the foreign currency from his father. He has further failed to prove that his father was legally entitled to receive the foreign currency. 9. In this matter the principle of natural justice and good conscience is not violated because the appellant was given ample opportunity to appear before the Adjudicating Officer. The appellant has also admitted in his appeal that he sent the written su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e case, I think it is expedient in the interest of justice to reduce the penalty from Rs. 5,000 to Rs. 2,000 which shall be deposited through demand draft drawn in favour of Pay and Accounts Officer, New Delhi-110001 within 45 days from the date of receipt of this order which should be communicated to him at the earliest, failing which the Enforcement Directorate shall be at liberty, to recover th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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