2008 (7) TMI 1100

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....al for Foreign Exchange is delivered by Shri O.P. Nahar, Chairperson: 2. This appeal is filed against adjudication order No.109/99/AD dated 13.8.1999 passed by Assistant Director Enforcement Directorate imposing a penalty of Rs. 15000 against the appellant for contravention of Section 9(1)(d) FER Act 1973 on the reasons that appellant paid Rs. 1,56,000 to one Kailash Agarwal on the instructions....

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....d 15.2.08 for recalling the pre-deposit order. According to this application the appellant requested for instalments of Rs. 5000 each from July 2008 onwards for making pre-deposit of the penalty. From the application for it quite clear that appellant has not made pre-deposit of any amount of penalty even of the first instalment requested by him. In this situation the application for review is not ....

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....ch order may (on payment of such fee as may be prescribed and), after depositing the sum imposed by way of penalty under Section 50 and within 45 days from the date on which the order is served on the person committing the contravention, prefer an appeal to the Appellate Board; Provided that the Appellate Board may entertain any appeal after expiry of said period of forty five days but no....

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.... Nasiruddin v. Sita Ram Agarwal (2003) 2 SCC 577. 6. The appellant has failed to make pre-deposit in compliance of order dated 15.2.08 passed by this Tribunal whereby dispensation upto 90% was also granted. There is no bonafides in favour of the appellant. When compliance of judicial order is not reported the appellant has no equity in his favour. Further, the appellant was clearly told by the ....