Court : Appellate Tribunal for foreign Exchange New Delhi
..... trade or business, if any, with respect to such instrument, and the fact of the particular case. the reasonable time which a passenger is entitled to alighting from a train is such time as is usually required by passengers in getting off and on the train in safety at the particular station in question. a reasonable time, looking at all the circumstances .....
Tag this Judgment!Court : Appellate Tribunal for foreign Exchange New Delhi
..... trade or business, if any, with respect to such instrument, and the fact of the particular case the reasonable time which a passenger is entitled to alighting from a train is such time as is usually required by passengers in getting off and on the train in safety at the particular station in question. a reasonable time, looking at all the circumstances .....
Tag this Judgment!Court : Appellate Tribunal for foreign Exchange New Delhi
1and 2. These appeals with identical facts are filed against following two adjudication orders as recorded below : (1) Appeal No. 228/06 and appeal No. 230/06 - against Adjudication Order No. SDE/SKP/III/12/2006, dated 4-4-2006 passed by Special Director, Enforcement Directorate imposing total penalty of Rs. 15 lakhs (Rs. 5 lakhs each) on Shekhar Goel (the individual appellant) for contravention of sections 8(1) 9(1)(a), 8(1) read with section 64(2) of FER Act, 1973 respectively and total penalty of Rs. 10 lakhs (Rs. 5 lakhs + Rs. 5 lakhs) on M/s. American Express Bank Ltd. (the appellant bank) for contravention of sections 6(4) and 6(5) read with sections 73(3), 49 of FER Act, 1973 and also refer para 29B, 8(c) of ECM 1987 and section 9(1)(c) of FER Act, 1973 respectively besides imposing separate penalties on other co-noticees who are not parties in any of these appeals. (2) Appeal No. 531/05 against Adjudication Order No. Adj/142/DZ/ 2004/AD(SMB), dated 28-2-2005 passed by Assistant...
Tag this Judgment!Court : Appellate Tribunal for foreign Exchange New Delhi
Sarvesh Chandra, Chairman - This appeal has arisen from the adjudication order No. ADJ/135/B/SDE/PKA/97, dated 31-7-1997 despatched on 1-9-1997 under which a penalty of Rs. 1,60,000 has been imposed on the appellant-company for contravention of section 18(2) and 18(3) of the Foreign Exchange Regulation Act, 1973. A further penalty of Rs. 32 lakhs each has been imposed on the co-appellants by invoking provision of section 68(1) of the Act. 2. The appellants petition for pre-deposit had been disposed of under this Boards order dated 12-10-1998. This order disposes of the appeal on merit. 3. The adjudication proceedings of this case were initiated with the issue of Memorandum of Show Cause (SCN) No. T-4/40-B/SDE/PKA/97 of 28-4-1997 wherein it is alleged that the appellant-company had exported goods worth Rs. 5,27,58,945 to various parties in England, Nigeria and Europe under different GR Forms as detailed in Annexure A to the Memorandum and that the company had failed to realise the full ...
Tag this Judgment!Court : Appellate Tribunal for foreign Exchange New Delhi
R.N. Poddar, Member. - This appeal is directed against the adjudication order No. ADJ/130/DD/SLH/A/2002 dated 10-10-2002 passed by the Deputy Director, Enforcement Directorate imposing penalty of Rs. 4,00,000 for contravention of section 9(1)(b) of FERA, 1973 (hereinafter referred to as the said Act) and Rs. 1,50,000 on the appellant for contravention of provision of section 9(1)(d) of the Act for the reason of receiving total payment of Rs. 27,18,000 and also making payment totalling to Rs. 12,67,000 from/to various persons in India by order or on behalf of a person resident outside India. 2. A Show Cause Notice No. T-4/22/B/91 dated 5-4-1991 was issued to the appellant seeking his show cause why the adjudication proceeding should not be held against him for receiving the total payment of Rs. 27,18,000 from a person resident in India and also making payment totalling to Rs. 12, 67,000 to persons in India by order or on behalf of his friend Shri Mohammed Chhabu of U.K. resident outside...
Tag this Judgment!