Court : Appellate Tribunal for foreign Exchange New Delhi
..... with 20 written pages, also inscribed therein one jeddah telephone number as 0096626436602, (b) one std telephone receipt voucher with jeddah telephone number as 0096626436602 recorded on it and the money paid for having conversation on that number on 14-11-1994, (c) one paper chit with an address and telephone number and certain calculations written therein, (d) one paper chit with writing as hazrath 5000, and (e) one two-rupee note bearing no. 94 b4916061 having some scribbled notings ..... . regarding the evidence of the affidavits, the appellant should be given an opportunity to produce the persons who had given affidavits to show that they had the money to lend the respective amounts to the appellant ..... it is, however, undisputed that the money has been deposited. ..... disposed of this civil writ petition per order and judgment dated 28-8-1998 confirming the order dated 17-10-1997 of the fera board but granted 30 days from the date of the judgment for depositing the money. .....
Tag this Judgment!Court : Appellate Tribunal for foreign Exchange New Delhi
..... reliance was placed on the following documents annexed to the show-cause notice and they are : (i) five chits of paper seized from shirt pocket worn by the appellant on 25-4-1991 while conducting search of the shop premises run in the name and style of lucky star, ..... the mahazer dated 25-4-1991 recorded for the search of the shop mentions that 5 paper slips were recovered from the shirt pocket worn at that time by the appellant but nothing else was recovered inside the shop or during the search of the residential premises of the ..... however, needs to be emphasized that the person who brought and delivered the money is unknown and could not be traced out. ..... on the other hand, the recovery of five paper chits from the person of the appellant has not been ..... it is recorded in this statement that the money was received by the appellant after sadiq conversed on and through the appellant's residential telephone ..... authority accepted the statement dated 25-4-1991 of the appellant along with contents of paper slips and imposed the penalty. 6. ..... the coded contents of these paper slips are explained in the statement dated 25-4-1991 of the appellant recorded by ..... the other money transactions remain shrouded in mystery and investigation has not been able to bring them ..... that a show-cause notice dated 21-1-1992 was issued to the appellant requiring him to show why adjudication proceedings should not be taken against him on the grounds that he received on different dates various sums of money totalling to rs. .....
Tag this Judgment!Court : Appellate Tribunal for foreign Exchange New Delhi
..... 9820154259 and that upon contacting, kishorebhai told him that he had received the message and his person would come and deliver the money at this residence and accordingly babulal bisnoi and ramlal bisnoi, persons of kishorebhai came to his residence and gave rs. ..... moreover the appellant has not been able to give the legitimate source of money seized from him where the explanation furnished by the appellant is an after thought and is liable to be rejected. 14. ..... advocate that the papers recovered from prithviraj sheth even if taken on evidence cannot raise a presumption of truthfulness under section 72 fer act, 1973, because all these papers were not recovered from the custody of the appellant does not stand to reason. ..... the recovered documents contained details about receipt of money by the appellant. ..... sheth is fully established through evidence available on record particularly when the presence of babulal bisnoi and ramlal bisnoi with the appellant on spot could not be explained and whose statements about payment of substantial amount of money stand unrebutted. .....
Tag this Judgment!Court : Appellate Tribunal for foreign Exchange New Delhi
..... uae, that davasia has an nre account with bank of baroda at thiruvalla, that davasia used to send nre cheques to him for family expenses and other connected matters, that he requested davasia to send some money for his medical treatment as he was suffering from cancer, that, accordingly, davasia informed him through telephone during march that he had arranged to remit 60,000 rupees and that he would get it within 10-15 days ..... is submitted on his behalf that he went to ernakulam to purchase a running business and stayed at green shepherd tourist home along with his broker, that certain differences arose between the two about the money and he shifted to pumpa guest house whereas the broker continued to stay at green shepherd guest house, that out of animosity the broker must have informed the police as he knew that the appellant ..... is true, it is clear from the earlier part of his statement that he used to receive instructions from manohar lal of bombay for distribution of money in kerala and his knowledge about statement that the money was to be distributed on instructions from abroad is based only on what manohar lal used to tell him. ..... given in cash at his shop by an unknown person, that the money was arranged by their relatives working abroad through manohar lal of bomaby. ..... 1,50,000, allegedly paid to him by the appellant is written on the seized papers marked 4 and 5 where the figures of 10, 5, 21 apparently denote the ..... abundantly proved from the seized papers as well as kassims own .....
Tag this Judgment!Court : Appellate Tribunal for foreign Exchange New Delhi
..... as regards the assertion that the seized money was meant for purchase of the plot of land in secunderabad and that he was intercepted while he was on his way to deliver the amount to the owner of the plot, the appellant has not furnished any evidence. ..... the appellant has also filed the evidence of ownership of the lorry and also the papers relating to transfer of the vehicle to smt. ..... even if it is established that the seized money has not been duly accounted for, it will be a matter for investigation by the income-tax authorities; that fact alone cannot be the basis of any proceedings under the fera. 11. ..... he was running a partnership business of transport and later on became the sole owner of the vehicle as evidenced by the papers furnished by him. .....
Tag this Judgment!Court : Appellate Tribunal for foreign Exchange New Delhi
..... there is no provision under section 9 prohibiting a resident indian to receive any money in india from a non-resident if he receives the money on his own behalf as in the case of any services performed or to be performed by him. 7. ..... if any payment had been received by a person as his remuneration for services rendered he received the money on his own behalf and not on behalf of any other person. ..... he categorically denied having agreed to or received any money as remuneration for the shows in india or in the usa except the said payment of rs. ..... 50,000 in india though according to him, the money was given for preparations for the show such as dresses, etc. ..... 7 of the sheets of papers seized from doshi on 26-2-1991 and the panchnama dated 26-2-1991 evidencing seizure of the said page no. .....
Tag this Judgment!Court : Appellate Tribunal for foreign Exchange New Delhi
..... that apart, the paper book filed by the respondent also contains letters of the month of april 1989. ..... further, the paper book filed by the respondent also contains letters dated 2-2-1988, 17-11-1988, 25-2-1989,10-3-1989 and 18-1-1989 which all relate to the period prior to april 1989. ..... a perusal of the paper book filed by the respondent indicates that the letter no. .....
Tag this Judgment!Court : Appellate Tribunal for foreign Exchange New Delhi
..... we have not been able to lay our hands on any paper which may indicate that the appellant had even applied for extension of time in 1978, 1979 and 1980. .....
Tag this Judgment!Court : Appellate Tribunal for foreign Exchange New Delhi
..... in view thereof the appellants could not have been held guilty because there is no factual allegation that the money transferred from the bank was used for another project. ..... he submitted that carrying on business in pursuance of the act does not relate to the business of the appellant company; it refers to the business carried on by persons like authorised dealers, money-changers, stock brokers and similar other persons. 50. ..... submitted, that in the inter-project transfer also the learned adjudicating officer did not consider that the prohibition relates to the use of funds of one project in the other project and not to the transfer of money from one bank account to the other. ..... we have gone through the said statement, a copy of which is available in the paper book filed by dr. ..... it was a case of transfer of money from the appellant companys account in one bank to its own account in another bank. 46. ..... such shares would have only paper value. .....
Tag this Judgment!Court : Appellate Tribunal for foreign Exchange New Delhi
..... hussain rashid in (i) wrongful acquisition of foreign currency, (ii) receiving and distributing money on the instructions of non-resident person and (iii) receiving/making payment in consideration of receipt or acquisition of property outside india. ..... the person named ahmed juma hussain of dubai purportedly signed certain papers relating to sell of imported old cars. .....
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