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Shri P.R. Ganapathy Versus The Joint Director Directorate of Enforcement, Chennai

2017 (10) TMI 459 - ATFEMA

Proceedings contemplated under Section 51 of FERA, 1973 - Held that:- In the case of Shri Joji Thelliankal, who had acted as an agent to identify NRE account holders, there was no fool proof evidence on record, to establish that Shri Joji Thelliankal received premium amount and thus it was found by the trial court that there is no corroborative evidence except the statements. It was held that no other evidence on the records placed to show that Shri Joji Thelliankal was indulging in any money tr .....

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ho 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 were received after making payment in cash. Admittedly penalty amount has been deposited by the appellant. I totally ag .....

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Dated:- 4-10-2017 - Justice Manmohan Singh Chairman For the Appellant : Shri S. Ravi, Advocate For the Respondent : Shri Prashant Pandey, Legal Consultant JUDGEMENT FPA-FE-58/CHN/2015 1. The appellant conducted auspicious function in the family and for that the close friends and relations were invited from India and from abroad. At the time of function the appellant has received several gifts including money in the form of Demand Draft and Cheque. The appellant has disclosed the payment received .....

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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, Muvat .....

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e appellant reply dated 27.03.2015 and Personal Hearing was also attended by the Counsel of the appellant. 7. Thereafter an Order in Original No. AD/CEZO/03/2015(TJ) dated 31.03.2015 in F.No. T-4/5/SZ/C/2000 has been passed by the Assistant Director of Enforcement Directorate (Adjudicating Authority). The Adjudicating Authority after taking into account the reply and submissions made during the personal hearing, imposed a penalty of ₹ 50,000/- on the appellant under Section 50 of FERA, 197 .....

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the same day from Shri P.R. Ganapathy in cash on behalf of the said Shri David Mathew 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 rece .....

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