TaxTMI 
TaxTMI 
1999 (8) TMI 1030
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....o. AD/MAS/58/93 (MJ), dated 31-5-1993 under which a penalty of Rs. 45,000 has been imposed on the appellant for contravention of section 9(1)(b) of the Foreign Exchange Regulation Act, 1973. The seized amount of Rs. 5,000 has been ordered to be adjusted towards the recovery of the amount of penalty leaving a balance of Rs. 40,000 yet to be paid. 2. After hearing the parties, I am satisfied that i....
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....o. 2419 with Indian Bank. He further stated on one occasion that his father sent a sum of Rs. 45,000 in cash for the marriage expenses of his elder sister which was fixed for 27-11-1991; that his father sent a telegram in the first week of November, 1991; informing that he would be sending an amount of Rs. 45,000 in cash; that in the second week of November, an unknown person paid an amount of Rs.....
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....cie considered to be tainted money. The appellant has claimed that the statement was not voluntarily made and is not true insofar as it relates to the receipt of the amount of Rs. 45,000 on the instructions of his father. On his part, the appellant produced the pass book of his mother's bank account showing a withdrawal of Rs. 5,000 on 3-12-1991, i.e., a day prior to the date of search and seizure....
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....r is not sound and logical. I do not find adequate evidence on record on which the charge can be sustained. The department has not made any investigation as to whether the statement that the appellant's father was normally sending the remittances from abroad through Bank drafts were correct or not. If he was sending the money in the prescribed manner why should he arrange to deliver the amount of ....