9911796707
TMI Blog2024 (7) TMI 867X X X X Extracts X X X X X X X X Extracts X X X X ..... been imposed on the appellant. The appellant preferred an application for waiver of the condition of pre-deposit. An order on the said application was passed by the Tribunal followed by an order of High Court. In pursuance of which, it is stated that appellant has deposited a sum of Rs. 6 lacs to satisfy the condition of pre-deposit. Thus, the appeal has been argued finally. The learned counsel for the appellant submitted that without any violation of section 18(2) and 18(3) read with section 64(2) of FERA, 1973, the Adjudicating Officer imposed a penalty of Rs. 50 lacs on the appellant and on the other noticee Smt. Venita, proprietrix of M/s Sai International, Hyderabad, Rs. 45 lacs. The allegation in the memorandum served on the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es would be dealt with by us and accordingly reference of arguments would be recorded by us in our findings. It is a case where in the year 1988, M/s Sai International, Hyderabad affected export of three consignments of readymade garments to Dubai for a sum of Rs, 2,51,80,620/- under the GR form detailed below : S. No. GR Form No. Date Name of the Buyer Amount (Rs.) a) 767908 23.10.98 M/s Heera Sons A1 Hashmi Commercial Enterprises 1,23,23,850 b) 211011 27.11.98 -do- 1,23,09,000 c) 224937 16.3.99 Self a/c of Indian Association of Dubai 5,47,770 The company failed to recover the amount of export dues and thus investigation in the matter was conducted where it was revealed that without the permission of RBI or an extensi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ise than in the prescribed manner, or (ii) is delayed beyond the period prescribed under clause (a) of sub-section (1), or (b) that the proceeds of sale of the goods exported do not represent the full export value of the goods subject to such deductions, if any, as may be allowed by the Reserve Bank; and (B) in a case falling under sub-clause (ii) of clause (a) of sub-section (1), also that the sale of the goods is delayed to an extent which is unreasonable having regard to the ordinary course of trade: Provided that no proceedings in respect of any contravention of the provisions of this sub-section shall be instituted unless the prescribed period has expired and payment for the goods representing the full export value has not bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of heavy penalty of Rs 50 lacs while on the main defaulter Smt Venita, it is only 45 lacs. The perusal of statement dated 09.04.2001 of the appellant Shri V.K. Singh shows that he was a custom house agent since 1989. He had worked for Ms. Venita of M/s Sai International as a walk-in-customer and attended CFS cargo exports of readymade garments. Mrs. Venita approached him alongwith Dilip Nihalani and that out of two exports relating to GR form dated 20.11.1998 and 23.10.1998, he prepared documents relating to second exports but he did not attend the first export. It was however submitted that the allegation of receipt of Rs 14 lacs from M/s Sai International is to be verified though he admitted that cheques were received from Dilip Nihanlan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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