FAYSHAW APPARELS Vs. APPELLATE TRIBUNAL FOR FOREIGN EXCHANGE

JUDGEMENT

(1.) THESE Appeals arise out of the Order of Appellate Tribunal for Foreign Exchange, New Delhi dated 28.5.2010 in Appeal Nos.91, 92, 93 and 94 of 2010 rejecting the applications for dispensation of pre-deposit and directing the Appellants to make payment of full amount of penalty within 30 days from the date of receipt of the order and holding that on failure to make full payment the appeals will be dismissed on that ground. M/s.Fayshaw Apparels is the appellant in C.M.A.No.2101 of 2010, M/s.Shaw Garments Pvt.Ltd. is the appellant in C.M.A.No.2103 of 2010 and B.P.Byram Shaw, the Managing Partner/Managing Director of the said firm and Company is the Appellant in C.M.A.Nos.2102 and 2104 of 2010.

(2.) THE brief facts are that the Appellant firm/Company are exporters of garments covered by eight shipping bills through ICD, Irugur, Coimbatore and the same were exported through Tuticorin Port. THE value of the outstanding export proceeds is Rs.1,13,20,461/- in respect of M/s.Fayshaw Apparels and Rs.87,92,412/- in respect of M/s.Shaw Garments Private Limited. In terms of Section 8 of Foreign Exchange Management Act (in short, "FEMA") the exporters are required to take all reasonable steps to realise and repatriate to India the amount of foreign exchange within prescribed period and manner as mentioned in the GR forms. According to the Department, the Appellants have failed to take all reasonable steps to realise and repatriate to India the foreign exchange to the tune of Rs,1,13,20,461/- and Rs.87,92,412/- and hence they are liable for appropriate action under FEMA, 1999.

(3.) HOLDING that the Appellants have failed to show reasonable steps on their part which would have been taken by a prudent businessman under similar circumstances, referring to decisions of Supreme Court in MANOTOSH SAHA VS. SPECIAL DIRECTOR, ENFORCEMENT DIRECTORATE, 2008(11) SCALE 603 and UNION OF IDNAI VS. ADANI EXPORTS LTD., 2007 AIR SCW 7134, the Appellate Tribunal rejected the applications for dispensation and directed the Appellants to make full payment of penalty within 30 days from the date of receipt of the order and observing that on failure to make payment the appeals would be dismissed on that ground alone. Being aggrieved with the order of the Appellate Tribunal rejecting dispensation applications, the appellants have come forward with these Appeals.