2011 (2) TMI 1300

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....nt. ORDER The following order is delivered by Justice Subhash Samvatsar, Chairperson, Appellate Tribunal for Foreign Exchange. 2. This appeal is preferred by the appellant challenging the order dated 25-4-1994 passed by the Special Director of Enforcement, New Delhi imposing penalty of Rs. 50,000/- on the appellant for violation of the provisions of Section 9(1)(c), Rs. 50,000/- for violat....

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....es of the appellant and his statements were recorded on 21-2-1991 and 22-2-1991, in which he has admitted that the real value of aerosol valves was USD 63 per 1000 units and he admitted that he had to pay differentiate value of USD 23,988 to M/s. Tewin Plastics Ltd. and thus admitted the under violation of the invoices. 4. After investigation, the three show cause notices were issued to the ....

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....erusing the impugned order I find that, so far as this charge is concerned, the Adjudicating Authority has totally relied upon the admission of appellant made in retracted statement of the appellant. The Apex Court in case of Shri Vinod Solanki v. Union of India - 2009 (233) E.L.T. 157 = 2009 (13) S.T.R. 337 has laid down that a retracted statement cannot be made the sole basis of imposing penalty....

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....aromatic chemicals is also admitted by the appellant in the retracted statement. Apart from that, a letter of Shri Andre Garavagno was recovered and at the same time entries in the documents ceased proves this transaction. So, it cannot be said that the penalty imposed by the Adjudicating Authority for violation of provisions of Sections 14(a) and 18(1) against show cause notice no. 2 is solely ba....