1992 (9) TMI 387

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.... ORDER Meena, Chairman This appeal came up before the Board for hearing on 7-8-1992 at Bangalore regarding condonation of delay and waiver of pre-deposit of the total penalty of Rs. 7 lakhs imposed on the appellant Shri Rajendra Kumar vide adjudication order No. ADE/MAS/56-57/90 dated 1-2-1990. 2. Relevant section 52(2) of the Foreign Exchange Regulation Act. 1973 ('the Act') rea....

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....subject to such conditions as it may deem fit." 3. From the above, it is quite clear that the Board does not have any power to condone the delay beyond 90 days. 4. In the instant case, copy of the adjudication order was received by the appellant on 10-3-1990 and the memorandum of appeal was received by the Board on 11-6-1990, i.e., beyond 90 days from the date, i.e., 10-3-1990, on which the ....

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....while the counsel for the appellant stated in his oral submissions, mentioned in the preceding paragraph, that the memo of appeal was despatched on 7-6-1990, whereas in his written arguments received today in the Registry of the Board, it is stated that the memo of appeal was despatched on 9-6-1990. If 9-6-1990 is taken as the date of despatch of the memo of appeal, the appeal is clearly beyond 90....