Appeal against order of Appellate Tribunal for Foreign Exchange dismissed on wrong factual recording of penalties; appeal set aside and matter remanded for fresh decision within 60 days.
Order of Appellate Tribunal for Foreign Exchange dated 11.12.2008 set aside; matter remanded for fresh decision within 60 days.
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FAO No.1043 of 2009
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CM No.4631-CII of 2009 FAO No.1043 of 2009 (O&M)
Date of Decision: 8.5.2009
M/s Sachdeva & Sons Industries Pvt.Ltd and others
..Appellants.
Vs.
Union of India and others
..Respondents.
CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
Present: Mr.P.S.Hundal and Mr.Vaneet Soni, Advocates for the appellants.
Mr.D.D.Sharma, Advocate for the respondents.
RAKESH KUMAR JAIN, J.(ORAL)
This appeal is directed against the order dated 11.12.2008 passed by Appellate Tribunal for Foreign Exchange vide which application filed by the appellant under section 19(1) of the Act for entertaining the appeal without pre-deposit of the amount ordered by the Special Director of Enforcement, Directorate of Enforcement vide order dated 20.6.2008, has been dismissed.
Notice of motion was issued in this appeal. Mr.D.D.Sharma, Advocate represents the respondents.
At the outset, learned counsel for the appellants has pointed out that the Tribunal has wrongly recorded a fact in the order that penalty amount against appellant Company is Rs.12 Crores and against two other appellants is Rs.6 Crores each. It is submitted that penalty amount against
FAO No.1043 of 2009
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appellant Company is Rs.6 Crores and against other two appellants is Rs.3 Crores each. This fact is not disputed by learned counsel for the respondents.
Learned Counsel for the appellants has then submitted that since a material fact has been wrongly recorded by the Tribunal in the impugned order, therefore, the appeal may be remanded back to the Tribunal for fresh decision.
This contention is also not disputed by the learned counsel for the respondents.
Consequently, order dated 11.12.2008 passed by Appellate Tribunal for Foreign Exchange is hereby set aside. The matter is remanded back to the Appellate Tribunal for Foreign Exchange for deciding the application afresh keeping in view the amount, which is due against the Company as well as against the appellants. Let the Tribunal take a decision in this regard within a period of 60 days from the date of appearance of the parties before it and receipt of certified copy of this order. The parties are directed to appear before the Tribunal on 4.6.2009.
(Rakesh Kumar Jain) Judge
8.5.2009 Meenu
1 issue framed by the court
Whether the appeal should be remanded to the Appellate Tribunal for Foreign Exchange due to a wrongly recorded material fact regarding penalty amounts.
1 provisions across 1 enactments
M/s Sachdeva & Sons Industries Pvt.Ltd and others
Union of India and others
Rakesh Kumar Jain
As recorded by the court registry
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