2003 (9) TMI 829

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....gh For the Respondent : T.K. Gadoo ORDER D.P. Sharma, Chairperson. This appeal along with the dispensation application is directed against the Adjudication Order No. Adj/439/AD(PKB)/B/2002/2895, dated 22-1-2003 whereby the appellant company was found guilty of contravening the provisions of section 8(3) and 8(4) of the Foreign Exchange Regulation Act, 1973 for which a penalty of Rs. 20....

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.... replied to the SCN nor appeared personally in response to Call Notices issued during the adjudication proceedings. Thereupon the Adjudicating Officer proceeded against the Appellant ex parte and passed the impugned order, holding the Appellant guilty of the alleged contravention and imposing penalties on the Appellant for this contravention, which is the subject-matter of consideration in this ap....

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....hri Singh further submitted that the dealing officer had also left the organization and there was none else to attend this matter and hence the reply to the SCN could not be filed and also personal hearing could not be attended. 4. Shri T.K. Gadoo, Deputy Legal Adviser appearing on behalf of the Respondents submitted that the appellant has not furnished confirmation letter from their bankers. I....

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....ot of the matter. They have given plausible explanation for not responding to the SCN as well as non-appearance in the adjudication proceedings. 6. In the circumstances, it is considered just proper that they be accorded a fresh opportunity of being heard in the matter. We, therefore, set aside the impugned order and remand the case back for fresh adjudication from the stage of issue of SCN onw....