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2025 Supreme(Online)(ATFP) 152

APPELLATE TRIBUNAL FOR FORFEITED PROPERTY
Samuel Raj Kumar Patta – Appellant
Versus
The Special Director Directorate of Enforcement Hyderabad – Respondent


ORDER

07.04.2025

Present appeal u/s 19 of Foreign Exchange Management Act, 1999 , is filed by the appellant against Adjudication Order No. JD/AG/01/HYZO/2019 dated 02.07.2019 vide which Ld. Joint Director, E.D., Hyderabad Zone, in exercise of powers u/s 13(1) of FEMA , 1999 imposed the penalty on the appellant as under:

S. No.ContraventionPenalty imposed
1Contravention of Section 3(a) of FEMA, 1999, for illegal possession of un-accounted assorted foreign currency equivalent to INR 3,30,82,775.28Rs. 1,00,000/-
2Contravention u/s 8 of FEMA, 1999, not proved and hence the said charge is dropped against the Noticee.Charge not proved due to insufficient records. No Penalty.
3Contravention u/s 3(b) of FEMA, 1999, for an amount of USD 22000Rs. 10,000/-

Further, in exercise of the power conferred under section13(2) of FEMA , 1999, Adjudicating Authority, ordered for the confiscation of the assorted foreign currency equivalent to Rs. 3,30,82,775.28 (Rupees Three Crore Thirty Lacs Eighty-Two Thousand Seven Hundred Seventy-Five and Twenty-Eight Paise) seized by the Income Tax Authorities and which was taken over by the Directorate of Enforcement u/s 37 of FEMA , 1999, r.w.s. 132A of Income Tax Ac

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