2005 (7) TMI 739

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....has challenged the adjudication order No. Addl./(HKS)/11/23/91, dated 27-3-1991 passed by the Additional Director, Enforcement Directorate for contravention of section 18(2) of FERA, 1973 imposing penalty of Rs. 2,00,000 on the appellant-firm. The appellant has approached this Tribunal through one of his partner Mrs. Malti Khurana. The appellant has filed application for dispensation of pre-deposi....

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.... GRIs listed in Annexure "A" to the said SCN (page 19 of the paper book). The appellant filed reply stating inter alia that the appellant-firm was started by two unexperienced ladies in May 1980. In or about the middle of 1981 they were introduced to M/s. Interlink, Montreal, Canada (hereinafter referred to as said buyer). Pursuant to the buyers order the appellant-firm exported garments vide the ....

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.... been further stated that while the appellant-firm was making efforts to realise the balance outstanding export proceeds they learnt that the buyer was declared bankrupt accruing to the laws in Canada. The appellant-firm thereafter put their claim with the authority concerned and ultimately succeeded in realising a payment of Rs. 40,000 being 10 per cent of the total outstanding export proceeds. T....

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....he export proceeds and there is no consideration on the part of the adjudication authority of the various submissions and documents submitted by the appellant including the information regard allowing of 10 percent of the outstanding export proceeds by the Official Liquidator in Canada. 4. I have looked into the various documents alongwith the memorandum of appeal and am satisfied that the appe....