2017 (10) TMI 459

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.... Authority while filing the return for the financial year 1994-95/Assessment year 1995- 96. 2. The Enforcement Directorate received information from the sources that P.R. Ganapathy and Shri Joji Thelliankal, both being persons resident in India were involved in alleged contravention of the provisions of the Foreign Exchange Regulation Act, 1973. On the basis of information investigation were conducted against the appellant. 3. After conducting investigation a Memorandum was issued to the appellant in F.No. T.4/5/SZ/C/2000 dated 31.12.1999 alleging that he has contravened Section 9(1)(d) of FERA, 1973 and thereby rendered himself liable to be proceeded against him under section 50 of FERA, 1973. 4. It was alleged in the Memorandum t....

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....mt. Monikutti Augustin of Muscat, both being native of Kerala, for arranging payments from NRE Accounts, collected and gave the NRE cheques to Shri P.R. Ganapathy; that he also received back Rs. 16,28,000/- (inclusive of the premium) on the same day from Shri P.R. Ganapathy in cash on behalf of the said Shri David Mathew of Saudi Arabia and Smt. Monikutti Augustin of Muscat. 8.1 Shri David Mathew of Saudi Arabia, a person resident outside India, in his statement dated 06.08.1997, under FERA, has, interalia, confessed that, lured by the promised return in addition to a premium of Rs. 20,000/-, he gave an amount of Rs. 15,66,500/- to Shri Joji Thelliankal from his NRE Account; that instructed Shri Joji Thelliankal to receive the entire ret....