1. The following order of the Appellate Tribunal for Foreign Exchange is delivered by Sh R.N. Poddar, Member.

2. Appeals against adjudication Order No.DD/75/Br/HUD/2003 dated 26.8.2003 passed by Deputy Director, Enforcement Directorate imposing penalty of Rs. 4 lakhs on the proprietor of appellant firm for the reason of failure to realize and repatriate outstanding export proceeds under GR No. AD 586855 in contravention of section 18(2) and 18(3) of FER Act, 1973. The dispensation application filed by the appellant came up for hearing before this tribunal on 22.12.2003 when appellant was directed to make pre deposit of Rs. 60,000 of penalty amount within six weeks. It is stated that the appellant has made the pre deposit in compliance with the said order. Presently these appeals are taken up for final hearing on merit.

3. Heard Shri C. Murlikrishna, Ld. advocate for the appellant. The Ld. advocate has also filed the written submission along with supporting volumes (in two volumes) which are taken on record. In addition he filed the application for seeking to tag un-numbered appeal stated to have filed by the proprietor of appellant firm on 17.11.2003 but the file could not be ma