Home Case Index All Cases Customs Customs + HC Customs - 2009 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (5) TMI 472 - DELHI HIGH COURTForeign Exchange violation- By an order the Adjudicating Authority held the appellant guilty for violation of the provisions of the aforesaid Sections of the FERA in all the five Show Cause Notices and imposed a total penalty of Rs. 20,75,000/- In this manner, a total of Rs. 14,51,360/- was appropriated as penalty amount against the total penalty of Rs. 20,75,000/- , leaving a balance of Rs. 6,23,240/-. Failure on part of person concerned to pay the penalty imposed is sine qua non for conviction under section 57. Held that- No failure on part of petitioner to pay the penalty imposed, when Appellate Tribunal itself had waived the deposit of balance penalty amount. The petitioner cannot be said to be either deliberate or willful when Appellate Tribunal itself had waived penalty amount and appeal pending before Tribunal. Complaint filed u/s 57 ibid quashed.
|