TMI Blog2018 (8) TMI 365X X X X Extracts X X X X X X X X Extracts X X X X ..... ating them, meaning thereby that he is releasing them. Once no confiscation order has been passed it is not clear under which provisions of law the said amount was appropriated towards the penalty amount. Without going into the maintainability of the review petition under Section 19 (6), any merit in the review petition wherein they have prayed that the review petition may be allowed by modifying the impugned order to the extent that the principal amount should be confiscated (interest accrued has been appropriated to the Central Government by the impugned order). No merits in the appeal that this is a blatantly illegal order in as much as appropriation has been ordered of the money which has been released/not confiscated by the adjudica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... years, that he was doing farming on his agriculture land in his village in India, that in November 2012 he received ₹ 29,00, 000/- (Rupees twenty nine lakhs only) in cash on instructions from his son residing in Philippines, that he deposited the said amount with the Capital Local Area bank, Mehatpur in his son‟s account, that he had also prior to this deposited a total amount of ₹ 53,70,000/- (Rupees fifty three lakhs seventy thousand only) in the account of his son (Rajinder Singh) residing in Philippines during the period September 2012 to November, 2012. That out of the ₹ 29,00,000/- (Rupees twenty nine lakh only) received in November, 2012, he had made FDR of ₹ 10,00,000/- (Rupees ten lakh only) and paid e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rew the directions of freezing the bank account, as discussed at para 2 above, and did not order for its confiscation. He also did not order any confiscation of the FDR. However, he adjusted the total penalty of ₹ 81,00,000 (Rupees eighty one lakhs only) from this amount which was lying in the bank as well as the FDR. He also appropriated the interest on the frozen amount of ₹ 72,81,032 and the FDR of ₹ 10,00,000/- (Rupees ten lakh only). 5. The appellants have stated that even without going into the merits of the case, the adjudication order is blatantly wrong and illegal. The amount frozen in the bank, both lying in the account as well as the FDR, could not have been appropriated for adjusting the penalty amount since ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m. Once no confiscation order has been passed it is not clear under which provisions of law the said amount was appropriated towards the penalty amount. Without going into the maintainability of the review petition under Section 19 (6), I do not find any merit in the review petition wherein they have prayed that the review petition may be allowed by modifying the impugned order to the extent that the principal amount should be confiscated (interest accrued has been appropriated to the Central Government by the impugned order). I find merits in the appeal that this is a blatantly illegal order in as much as appropriation has been ordered of the money which has been released/not confiscated by the adjudicating authority himself. Once the prin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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