9911796707
TMI Blog2012 (8) TMI 177X X X X Extracts X X X X X X X X Extracts X X X X ..... n and on the basis of the same very statement which has been relied in the present case by holding that "...when the evidence on record is too weak to connect the Appellants, we feel that the adjudicating officer ought not to have imposed any penalty on the appellant without fully ascertaining the factual situations ? (2) Whether the decision of appellate Tribunal was based on no evidence of any violation by the appellant of provision of Section 9(1)(f)(i) of FEMA, 1973 and was perverse ? (3) Whether the appellate Tribunal was justified in law in imposing the penalty on the appellant without taking into consideration the fact that persons on whom primary allegation of violation of provisions of FERA 1973 were made namely O.P. Jalan, Sanja ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... short]. The charge against the appellant was that he had made payment of Rs.23 lacs as a consideration for acquisition of foreign exchange to the tune of US $ 50,000/- outside India. According to the revenue, the main persons involved in this case were Om Prakash Jalan, Sanjay Jalan and Nepal Sharma and the appellant had aided and abetted with the aforesaid three persons in violating the provisions of FERA. 3) It is relevant to note that in the proceedings initiated against the three main accused, the Adjudicating Authority by its order in original dated 28th March, 2002 held that the charges were proved and accordingly imposed penalty upon those three main accused persons. 4) On appeals filed by the three main accused, the Appellate Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he charges levelled against the appellant to the effect that he had aided and abetted the main accused in violating the provisions of law could not be said to have been proved. Assuming that the statement of the appellant recorded in the matter support the case of the revenue, once the decision of the Tribunal in the case of the three main accused to the effect that the documents relied upon by the revenue do not establish violation of the provisions of law, then, on the basis of the statement of the appellant, it could not be said that there is violation of the provisions and impose penalty upon the appellant who is supposed to have aided and abetted with the main accused. In other words, on the same set of documents, while holding that th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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