1982 (7) TMI 264
X X X X Extracts X X X X
X X X X Extracts X X X X
.... point is involved in this petition. It would appear that on 2nd August, 1966, the firm known as Eastern Machinery and Trading Co. of which firm the petitioner is today the sole proprietor was issued a show cause notice in respect of alleged violation of Foreign Exchange Regulation Act, 1973. It is the agreed position that in respect of the said show cause notice, cause was shown by the firm by it....
X X X X Extracts X X X X
X X X X Extracts X X X X
....6 at 2 30 p.m. on 11th, January, 1977. To this fresh notice for holding adjudication proceedings, the petitioner sent his reply on 6th January, 1977 setting out, in addition to facts in the earlier notice - the very pertinent fact that the Enforcement Directorate had earlier given certain directions to the Reserve Bank of India at Bombay, which were lifted after the earlier personal hearing given ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....en place but that he had not received the formal order. It is for the department to keep records of its adjudication proceedings. No explanation is forthcoming from the department as to why adjudication proceedings were not held for 11 years since that is the department's case. 6.  It is true that no period of limitation has been prescribed for such adjudication. It follows also that the a....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ut considering the case that adjudication proceedings had in fact been held, I am of the opinion that this is otherwise also a stale matter which cannot be allowed to be reopened, since to allow it to be reopened, would cause serious detriment and prejudice to the petitioner. The fact that the petitioner is not able to produce the formal order is immaterial; that there were earlier adjudication pr....
TaxTMI