Natural justice challenge and foreign exchange contravention upheld where voluntary statements and customs material proved fictitious exports.

The natural justice challenge failed because the relied-upon documents were repeatedly supplied and the appellant was given several hearing opportunities after remand, which were not effectively used. The alleged retraction was unproved, as no certified copy was produced, and there was no credible basis to dislodge the finding that the earlier statements were voluntary. On merits, the statements, together with customs investigation material on fictitious exports, established receipt of foreign exchange against non-existent exports and supported contravention of the prohibitory foreign exchange provision. The Tribunal also accepted that material from the customs investigation could be relied on in the foreign exchange adjudication arising from the same transaction.

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Issues: Whether the adjudication suffered from breach of natural justice and whether the appellant had contravened the foreign exchange law on the basis of the recorded statements and the investigation material.

Analysis: The appellant's challenge on natural justice failed because the record showed repeated supply of the relied upon documents and several opportunities of hearing after remand, which were not effectively availed. The alleged retraction was not proved by any certified copy, and the appellant gave no credible basis to displace the finding that the earlier statements were voluntary. On merits, the statements, read with the customs investigation into fictitious exports, established receipt of foreign exchange against non-existent exports and supported the conclusion that the transaction fell within the prohibitory provision invoked. The Tribunal also accepted that material gathered in the customs investigation could be relied upon in the foreign exchange adjudication concerning the same transaction.

Conclusion: The challenge based on natural justice was rejected and the finding of contravention was upheld; the appeal was dismissed.

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