TMI Blog2017 (10) TMI 459X X X X Extracts X X X X X X X X Extracts X X X X ..... David Mathew and Monikutty Augustine have denied for having taken part in any such translation knowingly. Therefore no penalty was imposed any penalty on Shri Joji Thailliankal, although it was found that he contravened the provisions of Section 9(1)(b) of the Foreign Exchange Regulation Act, 1973. However, it is the admitted position that Shri P.R. Ganapathy who did not dispute the receipt of the money both in his reply to the Memorandum and during the personal hearing before the Authority. He only attempted to project it as investment from friends. It is correctly mentioned in the impugned order that his denial that he had not given money in return for the cheques/DDs as the statements recorded rather confirmed that the cheques/DDs we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation Act, 1973. On the basis of information investigation were conducted against the appellant. 3. After conducting investigation a Memorandum was issued to the appellant in F.No. T.4/5/SZ/C/2000 dated 31.12.1999 alleging that he has contravened Section 9(1)(d) of FERA, 1973 and thereby rendered himself liable to be proceeded against him under section 50 of FERA, 1973. 4. It was alleged in the Memorandum that the appellant a person residing in India without the general or special exemption from the Reserve Bank of India (RBI) has made payments totaling ₹ 16,28,000/- to Shri Joji Thelliankal, Thelliankal Veedu, Vazhakulam Post, Muvattupuzha, Kerala on behalf of Shri David Mathew employed in Saudi Arabia and Ms. Monikutty Augusti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Saudi Arabia and Smt. Monikutti Augustin of Muscat. 8.1 Shri David Mathew of Saudi Arabia, a person resident outside India, in his statement dated 06.08.1997, under FERA, has, interalia, confessed that, lured by the promised return in addition to a premium of ₹ 20,000/-, he gave an amount of ₹ 15,66,500/- to Shri Joji Thelliankal from his NRE Account; that instructed Shri Joji Thelliankal to receive the entire return i.e. ₹ 15,86,500/-, in his behalf. 8.3 Smt. Monikutty Augustin of Muscat, a person resident outside India, in her statement dated 12.09.1996, under FERA, has, interalia, stated that she had given ₹ 40,000/- to Shri Joji Thelliankal through her husband from her NRE Account enthralled by the prom ..... X X X X Extracts X X X X X X X X Extracts X X X X
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