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TMI Blog2005 (11) TMI 543X X X X Extracts X X X X X X X X Extracts X X X X ..... fforts for repatriation of the export of exports made proceeds on 19-1-1984 of an amount of US dollar 98,652.10. The appellant has made pre-deposit of Rs. 1,00,000 in compliance of the Order dated 27-9-1993 passed by FERA Board. Presently, this appeal is taken up for final disposal on merits. The Counsel for the appellant has filed written submissions along with additional documents which are taken on record. 2. A Show Cause Notice No. T-4/89-B/UPS/88, dated 27-10-1988 was issued to the appellant asking him to show cause why adjudication proceedings should not be held against him on the reasons that appellant failed to take reasonable sufficient steps to repatriate export proceeds of 4 GRIs outlined therein in violation of the provisions o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rector of Enforcement [1995] 80 Taxman 103 (FERAB) 2. Gazebo Industries (P.) Ltd. v. Director of Enforcement [1995] 79 Taxman 100 (FERAB) 3. Rajnis International v. Director of Enforcement [1995] 83 Taxman 25 (FERAB) 4. A.A. Dehqani & Bros. v. Director of Enforcement [1995] 79 Taxman 141 (FERAB) 5. Sun-N-Shade Exporters v.Director of Enforcement [1995] 79 Taxman 137 (FERAB) 6. Interads v. Director of Enforcement [1995] 79 Taxman 123 (FERAB) 7. Hira Lall & Sons v. Dirctor of Enforcement [1995] 79 Taxman 174 (FERAB). 4. The law relating to repatriation of the export proceeds is governed by the provisions of section 18(2) and section 18(3) FER Act, 1973. As per section 18(2), the exporter is obliged to make reasonably sufficient e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 of the goods representing the full export value has not been made in the prescribed manner within the prescribed period. (3) Where in relation to any goods to which a notification under clause (a) of sub-section (1) applies the prescribed period has expired and payment therefore has not been made as aforesaid, it shall be presumed, unless the contrary is proved ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umption against the appellant and the appellant is required to be held guilty. There is no other flaw available or pointed out in the adjudication order. Therefore, the adjudication order is required to be sustained and maintained. 6. The amount of penalty imposed is Rs. 3,00,000. This amount when compared to the amount involved in contravention of the provisions of section 18(2) is not on the higher side. The amount involved is US dollar 98,652.10 against which the penalty amount of Rs. 3,00,000 cannot be termed and excessive and harsh. Neither any argument to this effect are made on behalf of the appellant. 7. For the reasons stated herein above, the adjudication order is sustained and maintained. This appeal is dismissed having no meri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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