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Issues: Non-compliance with mandatory pre-deposit requirement while filing an appeal against adjudication order imposing penalty for remitting foreign exchange without RBI exemption.
In this judgment by the Appellate Tribunal for Foreign Exchange, the appeal was filed against an adjudication order imposing a penalty for remitting foreign exchange without prior RBI exemption. The appellant failed to appear despite being directed to deposit the penalty amount within 30 days. The respondent requested dismissal of the appeal due to non-compliance. The Tribunal highlighted the mandatory pre-deposit requirement under Section 52(2) of the Act, emphasizing that legal provisions cannot be circumvented to avoid hardship, citing the Nasiruddin v. Sita Ram Agarwal judgment. The Tribunal had previously allowed the appellant to deposit the penalty amount but the appellant failed to comply with the order, showing no genuine effort to meet the conditions. Consequently, the appeal was dismissed for non-compliance with the judicial order, with no equity in favor of the appellant.
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