Appeals dismissed. The Court held that no case for interference existed against the Tribunal's decision to reduce penalties, viewing "arbitrary" as "excessive" after liability was established.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICITON
FERA APPEAL NO.71 OF 2007
Union of India & Anr. .. Appellants.
Versus
M/s.Ratnam Exporters Importers
of Handicrafts Gems & Jewellery .. Respondents.
AND
FERA APPEAL NO.72 OF 2007
Union of India & Anr. .. Appellants.
Versus
Shri Maganlal S. Jain .. Respondent.
Mr.R.V. Desai, senior counsel with Mr.A.S. Rao,
Mr.H.P. Chaturvedi & Mrs.S.V. Bharucha for the
appellant.
None for the respondents.
CORAM : F.I. REBELLO &
J.P. DEVADHAR, JJ.
DATED : 12TH OCTOBER, 2007.
P.C. :
1. The appeals are filed by the revenue against
order dated 12-5-2003. We have perused the impugned
order. The learned Tribunal has come to the
conclusion that the respondents before it had
technically violated the provisions and in that
context reduced penalty to Rs.50,000/- from
Rs.2,50,000/- and on the partner to Rs.25,000/-.
Contention of the learned counsel was that after
2
arriving at a conclusion that the respondents were
liable to pay, it was not open to the Tribunal to
held the same is arbitrary. Considering the order,
expression arbitrary has to be read as excessive.
2. In the light of that, we find no case for
interference. Hence, the appeals are dismissed.
(F.I. REBELLO, J.)
(J.P. DEVADHAR, J.)
Union of India & Anr.
M/s. Ratnam Exporters Importers of Handicrafts Gems & Jewellery
F.I. REBELLO
J.P. DEVADHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court