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    <title>2005 (2) TMI 915 - APPELLATE TRIBUNAL FOR FOREIGN EXCHANGE, NEW DELHI</title>
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    <description>RBI waiver consistent with the remittance particulars prevented the penalty from being sustained under sections 8(3) and 8(4) of the Foreign Exchange Regulation Act, 1973, because the adjudication had relied on non-production of the exchange control copy and bill of entry and the same remittance covered by the waiver letter. The Tribunal applied the statutory language as written and rejected reliance on a departmental objection about delayed filing where no such charge had been pleaded in the notice. The penalty order was set aside and the pre-deposit was ordered to be refunded.</description>
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      <description>RBI waiver consistent with the remittance particulars prevented the penalty from being sustained under sections 8(3) and 8(4) of the Foreign Exchange Regulation Act, 1973, because the adjudication had relied on non-production of the exchange control copy and bill of entry and the same remittance covered by the waiver letter. The Tribunal applied the statutory language as written and rejected reliance on a departmental objection about delayed filing where no such charge had been pleaded in the notice. The penalty order was set aside and the pre-deposit was ordered to be refunded.</description>
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