This Order disposes of the Appeal No. FPA-FE-45/MUM/2020 filed by Shri Devendra N. Desai against the Order No. 01/MUM-CUSM/FEMA/2020-21 dated 09.06.2020 (Impugned Order) passed by the Competent Authority, Commissioner of Customs (Appeals), Mumbai-I. The Competent Authority has upheld the Seizure Order No. 01/2020 dated 02.03.2020 whereby the immovable property in India of the Appellant Shri Devendra N. Desai, to the extent of Rs. 1,77,63,590/- equivalent to AED 914,000 of Foreign Exchange held outside India, was seized under Section 37A (1) of the Foreign Exchange Management Act, 1999 (FEMA).

2. Ld. Counsel for the Appellant submitted that the Appellant had stated that the said Flat was purchased by him through his close family friend/relative Shri Siddharth Kandpile, a Dubai based NRI for helping by way of giving consultation for Shri Kandpile’s construction related business. It was also alleged that the Appellant admitted that his family members namely his wife Smt. Darshana D. Desai and his son Shri. Tejas D. Desai were not aware of the said deal. It is further alleged that AED 7,79,000/- receivable against consultation fee for rendering services to Shri Siddharth Kandpil