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TMI Blog2011 (2) TMI 1298X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent. ORDER The following order is delivered by Justice Subhash Samvatsar, Chairperson, Appellate Tribunal for Foreign Exchange: 2. The present appeal is filed by the appellant challenging Adjudication Order No. SDE(R)/I/30-34/94, dated 22-3-1994 passed by Special Director, Enforcement Directorate, New Delhi where by the Special Director of Enforcement has imposed a penalty of a sum o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt has entered into an agreement for shooting a film Kasoor and received a sum of Pounds 90,069 at the rate of Rs. 30/- per pound and thus violated provisions of Section 9(1)(b) read with 64(ii) of FERA. The Adjudicating Authority after considering the evidence found that the allegations against the appellant is not found true. Similarly the Adjudicating Authority has held that the allegations in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the wife of Shri Kamal Joshi towards the payment of rent of the premises where he was carrying out his business but this statement was retracted by him. From the perusal of the Impugned Order I find that the Adjudicating Authority in the entire judgment has not discussed anything except quoting the retracted statement of the appellant Shri Vinod Kapoor. 5. The Apex Court in the case of Vino ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entry in the diary of the appellant mentioning dues of Shri Kamal Joshi of Rs. 4.60 lakhs. This entry itself is not an acknowledgement of debt. For acknowledgement of debt there must be some actionable claim by the person in whose favour acknowledgement is made. Merely entry or the figure of dues of the other person in his own diary cannot be said to an acknowledgement of debt. 7. The Show ..... X X X X Extracts X X X X X X X X Extracts X X X X
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