2006 (8) TMI 700

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....RDER Kum. Vijay Laxmi, Member. This appeal against adjudication Order No. ADJ/23/B/SDE/KNR/ 2006/FERA, dated 25-5-2006 passed by Special Director, Enforcement Directorate, Mumbai imposing a penalty of Rs. 48,00,000 (Rupees fourty-eight lakhs only) against the appellant M/s. Uttam Galva Steels Ltd. under section 8(3), read with section 8(4) of FER Act, 1973, read with sections 49(3) and 49(4) of ....

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....he appellant to its Foreign Department, Mumbai for doing the needful. The letter is dated 28-6-2006 which fully explains the bank reference of the remittance in question as well as the amount of remittance in US $ which tallies with the banker reference and the account in foreign exchange mentioned in the adjudication order. The banker's letter clearly establishes the fact that the goods have been....

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....tances of the case in totality, we are of the view that there is no force in the arguments advanced by DLA and it cannot be said that the appellants have not imported the goods and consequently any contravention of the provisions of section 8(3), read with section 8(4) of FER Act, 1973 is not proved. The provisions of section 8(3) read with section 8(4) create an obligation against the person who ....