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    <title>2004 (1) TMI 735 - APPELLATE TRIBUNAL FOR FOREIGN EXCHANGE, NEW DELHI</title>
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    <description>Penalty for contravention of section 9(1)(b) of the Foreign Exchange Regulation Act, 1973 was set aside where the appellant had admitted receipt of funds through an unauthorised channel but the breach was found to be isolated and non-deliberate. The Tribunal held that penalty in foreign exchange proceedings is a matter of judicial discretion and should not be imposed mechanically. Because the appellant showed immediate admission, no conscious disregard of law, and no contumacious or dishonest conduct, the violation was treated as venial and pardonable. The finding of contravention was left intact, but the penalty was quashed.</description>
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    <pubDate>Thu, 22 Jan 2004 00:00:00 +0530</pubDate>
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      <title>2004 (1) TMI 735 - APPELLATE TRIBUNAL FOR FOREIGN EXCHANGE, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=457692</link>
      <description>Penalty for contravention of section 9(1)(b) of the Foreign Exchange Regulation Act, 1973 was set aside where the appellant had admitted receipt of funds through an unauthorised channel but the breach was found to be isolated and non-deliberate. The Tribunal held that penalty in foreign exchange proceedings is a matter of judicial discretion and should not be imposed mechanically. Because the appellant showed immediate admission, no conscious disregard of law, and no contumacious or dishonest conduct, the violation was treated as venial and pardonable. The finding of contravention was left intact, but the penalty was quashed.</description>
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