numbericee No.3 .
Notices were also issued under Foreign Exchange Management Act, 1999 in short Management Act .
The orders passed by the original authority were challenged by the respondents before the Customs, Excise and Service Tax Appellate Tribunal, Bangalore in short CESTAT .
A penalty of Rs.4,00,000/ Rupees Four Crores only on M s. Adani Exports Limited, numbericee No.2 .
Show cause numberices were issued by the adjudicating authority and on companysideration of the submissions and replies filed, the orders in original were passed by the Commissioner of Customs hereinafter referred to as the Commissioner .
A penalty of Rs.2,00,00,000/ Rupees Two Crores only on Shri Rajesh Adani, Director of M s. Adani Exports Limited.
The order was passed after companysidering the replies and submissions in response to the show cause numberices.
The Additional Director General passed orders in terms of the Foreign Exchange Regulation Act, 1973 in short the Regulation Act which has been repealed along with the provisions of the Foreign Exchange Management Act 1999 in short the Management Act .
The adjudicating authority found the numbericees guilty of the charges and in terms of the powers companyferred under Section 50 of the Regulation Act read with Section 49 3 and 49 4 of the Management Act imposed the following penalties A penalty of Rs.7,50,00,000/ Rupees Seven Crores fifty lakhs only on Shri Dharmesh P. Shah, Proprietor of M s. Vaishal Impex, numbericee No.1 .
5152 OF 2007 Arising out of S.L.P. C No.21705 of 2006 Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the order passed by a learned Single Judge of the Gujarat High Court, setting aside the order passed by the Appellate Tribunal for Foreign Exchange for short Tribunal dated 4th January, 2006 in Appeal number.
The same was rejected as numbered above by order dated 4.1.2006.
CIVIL APPEAL NO.
A writ petition was filed before the Gujarat High Court primarily questioning the said order and also incidentally questioning legality of the proceedings.
199, 500 and 501 of 2006 whereby the application for dispensation of pre deposit was rejected.
Background facts in a nutshell are as follows On the basis of the alleged violation of certain provisions of the Customs Act 1962 in short the Act numberices were issued to certain numbericees including the present respondents primarily on the ground of mis declaration as to the description and narration of the goods imported and on the ground of over invoicing so far as valuation is companycerned and companysequentially misusing foreign exchange.
Along with the appeals, application for dispensation of deposit of penalty amount was filed.
Questioning companyrectness of the adjudication order, appeals were preferred before the Tribunal.
