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O.P.NAHAR
Galaxy International Ltd. – Appellant
Versus
Director of Enforcement – Respondent


Advocates Appeared:
Ajay Majithia,T.K. Gadoo

ORDER

1. These three appeals are filed on 6-10-2004 along with an Application for Condonation of Delay against a common Adjudication Order Nos. DD(A.A.)/DZ/151/2003/1212, 1213 and 1214 dated 30-9-2003 passed by Deputy Director, Enforcement Directorate imposing a penalty of Rs. 1,50,000 against appellant company in Appeal No. 1024/2004 and Rs. 25,000 each against other two appellant directors in appeal Nos. 1025/2004 and 1026/2004 for contravention of provisions of section 8(3) read with section 8(4) of FER Act, 1973 on the reasons that after obtaining remittance of foreign exchange of US $ 63876 (equivalent to Rs. 20,19,129 approximately) for the purpose of import of goods, the appellants failed to utilize the remitted foreign exchange for importing the goods and file proof thereof.

2. The adjudication order is served on the appellants on 9-10-2003 but the appeals are filed on 6-10-2004 along with an application for condonation of delay stating that the appellants in Appeal Nos. 1025 and 1026/2004 were unable to file the appeals within 45 days, which is the statutory permitted period, because there were unavoidable family problems due to death of their father and serious illness of t

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