TMI Blog2019 (1) TMI 26X X X X Extracts X X X X X X X X Extracts X X X X ..... shall pay a sum of ₹ 5,00,000/-, which the appellant has already paid. Consequently, the remaining amount of penalty, levied on the appellant, shall remain stayed till the disposal of the appeal by the Appellate Tribunal. - Civil Miscellaneous Appeal No.1981 of 2018 And Civil Miscellaneous Petition No.15382 of 2018 - - - Dated:- 5-12-2018 - Mr. Justice T.S. Sivagnanam And Mr. Justice N. Sathish Kumar For the Appellant : Mr.Raj Jhabakh For the Respondent : M/s.G.Hema, Central Govt. Standing Counsel JUDGMENT T.S.SIVAGNANAM, J. This appeal, filed by the assessee under Section 35 of the Foreign Exchange Management Act, 1999 is directed against the order passed by the Appellate Tribunal, Foreign Exchange Manage ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent and passed an interim order on 05.09.2018 to the following effect:- We have heard Mr.Raj Kumar Jabakh, learned counsel for the appellant. 2. The appellant, which is a partnership firm, has impugned the order passed by the Appellate Tribunal under the Foreign Exchange Management Act, at New Delhi dated 03.7.2018 in an application filed by the appellant praying for waiver of pre-deposit for being entitled to pursue the appeal filed by the appellant before the Appellate Tribunal challenging the order of the Adjudicating Authority dated 28.11.2016. 3. The learned counsel for the appellant submits that along with the application for waiver, the appellant submitted all the requisite details to prove their financial incapac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... favour and that if the appellant is directed to deposit any amount, they will be put to irreparable hardship. 5. We have heard Mrs.G.Hema, learned Central Government Standing Counsel accepting notice for the respondent. 6. The learned Central Government Standing Counsel requires reasonable time to get written instructions from the respondent and states that there are connected matters, which need to be looked into. She would further state that the appellant approached this Court beyond the time limit granted by the Appellate Tribunal to comply with the condition of payment of ₹ 12 lakhs. 7. Prima facie, we are of the view that the Appellate Tribunal has not dealt with the financial incapacity of the appellant as pleaded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... effecting such payment. 4.The learned counsel for the appellant reported that the condition has been complied with and the same is confirmed by the learned Standing Counsel for the respondent. The Appellate Tribunal has listed the case for hearing on 27.02.2019. 5.Considering the facts and circumstance of the case, we are of the opinion that the direction already given in this appeal, dated 05.09.2018, would safeguard the interest of the Department, since the appeal itself has been directed to be listed by the Appellate Tribunal on 27.02.2019. 6.Thus, for the above reasons, the appeal stands allowed and the order passed by the Tribunal is modified to the effect that the appellant shall pay a sum of ₹ 5,00,000/-, which the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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