9911796707
TMI Blog1995 (7) TMI 445X X X X Extracts X X X X X X X X Extracts X X X X ..... mount of Rs. 50,000 to the credit of one Edwin Fredrick who was, during the relevant period, a person resident outside India, after his migration from India to Australia for permanent settlement there. Appeal No. 24 of 1993 is against Adjudication Order No. 316/92/AD, dated 30-10-1992 (despatched on 18-11-1992) under which a penalty of Rs. 18,900 has been imposed on the appellant, the second appellant herein, for contravention of the provisions of section 9(1)(d) and a further penalty of Rs. 12,500 has been for contravention of section 9(1)(b). The allegation on which the contravention is founded is that the appellant made payment of a total sum of Rs. 63,027.50 to various persons on various dates by order or on behalf of the said Edwin Fre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for dealings in foreign exchange. In the circumstances, Ms. Mukherjee pleaded for dispensing with the requirement of pre- deposit. In view of the submission made by Ms. Mukerjee that she would not press the appeals on merits and would only plead for reduction of the amounts of penalties, Shri Gadoo had no objection to the final disposal of these appeals. 4. In the premises, I waive the requirement of pre-deposit and proceed to dispose of the appeals on merits. 5. Ms. Mukherjee, the learned counsel for the appellants, submitted that it would be clear from the written particulars of the accounts kept by the second appellant that the payments were made, over the years, of small amounts to various needy persons of Christian faith by way of cha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... c bargain. In fact, it would be clear from the admitted facts and circumstances of the case that it is a case where the first appellant did not want to deprive Edwin Fredrick of the monetary gain he would have got had he put another tenant, instead of the first appellant, in the premises being vacated by him and Edwin Fredrick was reluctant to accept any monetary gain because of the close relationship between him and the first appellant. It was in these circumstances that Edwin Fredrick agreed that if the first appellant was so insistent on making the payment he might give the money as and when he is in a position to do so, for the cause of the Christianity, namely, by way of charity to the poor or needy Christians. Ms. Mukherjee stressed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bmitted by Ms. Mukherjee. Having regard to the facts and circumstances of the respective cases in my opinion a penalty of Rs. 5,000 in Appeal No. 607 of 1992 and a penalty of Rs. 5,000 each for contravention of section 9(1)(d) and section 9(1)(b) in Appeal No. 24 of 1993 would meet the ends of justice. 9. In the result, both the appeals are partly allowed. While the findings of contravention in both the appeals are upheld, the quantum of penalties imposed thereunder is reduced. In Appeal No. 607 of 1992 the amount of penalty is reduced to Rs. 5,000 whereas the total amount of penalty of Rs. 31,400 in Appeal No. 24 of 1993 is reduced to Rs. 10,000. As a sum of Rs. 2,000 has already been ordered to be adjusted against the amount of penalty in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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