2009 (8) TMI 1296

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.... 14.3.2007 of this Tribunal which is, otherwise, modified by High Court of Madras by Order dated 7.8.2007. These six appeals have been filed against following two different Adjudication Order Nos. as detailed below :- (i) Appeal No. 604/2005 is filed against Adjudication Order No. SDE/PKD/IV/5/2005 dated 31st January, 2005, passed by Special Director, Enforcement Directorate, imposing a penalty of Rs. 6,00,000/- against the appellant. (ii) Appeal No. 605/2005 is filed against Adjudication Order No. SDE/PKD/IV/5/2005 dated 31st January, 2005, passed by Special Director, Enforcement Directorate, imposing a penalty of Rs. 3,27,000/- against the appellant. (iii) Appeal No. 606/2005 is filed against Adjudication Order ....

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....the provisions of Section 52(2) FER Act, 1973, but this appears to be a typographical error. Actually, these appeals are filed under Section 19 FEM Act, 1999, so provisions of Section 19(1) FEM Act, 1999, should have been quoted instead of Section 52(2) FER Act, 1973. Despite this typographical error, fin reality, the scheme of making pre-deposit either under Section 52(2) FER Act, 1973, or Section 19(1) FEM Act, 1999, is somewhat similar. Rather, Second Proviso of Section 19(1) FEM Act, 1999, has made the pre-deposit scheme more stringent by adding that this Tribunal while granting dispensation will ensure safeguarding of realization of penalty. (Ref. Monotosh Saha v. Special Director, Enforcement Directorate; 2008 (11) Scale 603). 4. A....

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....rieved person or by the Central Government and it shall be in such form, verified in such manner and be accompanied by such fee as may be prescribed. Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty five days if it is satisfied that there was sufficient cause for not filing it within that period." 5. From the above provision, it is clear that every appellant at the time of filing of appeal is obliged under statutory scheme contained in Section 19(1) to make pre-deposit of penalty. However, the Legislature has entrusted this Tribunal with powers of granting dispensation with or without condition under Second Proviso of Section 19(1) wherever undue hardship can be caused by ....