2018 (12) TMI 444

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....ersons resident in India on the instructions of one Shri Gurcharan Singh of Canada, a person resident outside India, and had therefore contravened the provisions of Sections 9(1)(b) and 9(1)(d) of FERA, 1973. That the appellant in the present case Shri Inder Vijay Singh had made payments totalling Rs. 10,00,000/- to Shri Darshan Singh on the instructions of Shri Gurcharan Singh of Canada and had thereby contravened the provision of Section 9(1)(d) of FERA. A show cause notice was issued to all of them which was duly served on them. The entire case is based on statements given before the DRI under the Customs Act. 2. The appellant has in its appeal, written submissions as well as during the hearing before me pleaded the following: ....

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....ation is not mandatory and is not a principle of natural justice. The adjudicating authority was right in rejecting their request for cross-examination since the appellant had shown least regard to appear for the personal hearings when fixed. It was only a delaying tactics. iii. That the retraction was before the court separately while arguing their bail application and no intimation of the same was given to the adjudicating authority whatsoever. They relied on the following judgments: i. Surjeet Singh Chabra vs. Union of India, SLP(C)14028 of 1996 decided by SC on 25.10.1996. ii. In the Supreme Court of India SLP(C)/23708 of 1995 decided on 06.11.1995. iv. (2013)9 SCC 549 Telestar Travels Pvt. Ltd. & ....