2008 (7) TMI 1105

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....or the Respondent : Dr. Samsuddin ORDER The following order of the Appellate Tribunal for Foreign Exchange is delivered by Km. Vijay Laxmi, Member. 2. These appeals are filed against Adjudication Order No. SDE/SKP/III/168/2003 dated 21.10.2003 passed by Special Director, Enforcement Directorate, New Delhi imposing a penalty of Rs. 98,00,000/- (Rupees ninety eight lakhs only) against the a....

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.... and 17.03.2008. On 17.03.2008, the appellant was reminded that he was required to pre deposit of 20% of penalty amount where Ld. Counsel, Shri M. Venkatraman opted to make such deposit. The application filed by the appellant for modification of this order was dismissed and two weeks time was given to the appellant to comply the pre deposit order. Again on the date fixed i.e. 17.04.2008, on reques....

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....of appeal by the appellants for better appreciation of the legal position which provide as under : "52, Appeal to Appellate Board (1) The Central Government may by Notification in the Official Gazette constitute an Appellate Board.................. (2) Any person aggrieved by such order may (on payment of such fee as may be prescribed and), after depositing the sum imposed by way....

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.... appeal simultaneously along with penalty amount unless and until dispensation is granted under Second proviso to Section 52(2) on the application of the appellant after getting satisfied about the prima facie good case and undue hardship of the appellants. In the instant case, the appellant has not complied the pre-deposit order despite sufficient leniency shown by this Tribunal towards the appel....