2001 (4) TMI 531

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....-  Vide this application a grievance was made that the department was not complying with the directions of the Tribunal. Directions were made to the departmental representative to seek instructions from the Commissioner vide Order No. C-II/3150/WZB/2000, dated 30-10-2000. On hearing both sides, Order No. C-II/3836/WZB/2000, dated 18-12-2000 was passed putting a time-frame for the Commissione....

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....epartment before the Hon'ble Tribunal at time of hearing on 19-1-2001. (a)      This office has already sanctioned refund of deposit of penalty of Rs. 25,000/- to Shri Abdul Razak Haji Ismail vide Refund order dated 28-11-2000 (copy enclosed). Thus Hon'ble Tribunal's directions in para 2 of the order dated 18-12-2000 have already been complied with. (b)   ....

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.... Directorate as the Indian Currency and foreign currency under seizure are liable for confiscation under Section 63 of the FERA, 1973 read with Section 49(3) and (4) of the Foreign Exchange Management Act, 1999. It seems that the above statement of the Department has not been put forth to the Hon'ble Tribunal by the SDR at the time of hearing on 19-1-2001. Hence it is requested that the above fac....