GOLDEN MACHINERY CORPORATION Vs. UNION OF INDIA UOI
LAWS(CAL)-1993-2-32
HIGH COURT OF CALCUTTA
Decided on February 05,1993

GOLDEN MACHINERY CORPORATION Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

Ajit K.Sengupta, J. - (1.) These 23 appeals are directed against the orders all dated November 18, 1989, passed by the Foreign Exchange Regulation Appellate Board dismissing the appeals preferred by the appellant against the orders passed by the Deputy Director of Enforcement, Calcutta, all dated October 20, 1987.
(2.) Shortly stated, the facts leading to these appeals are as under : The appellant, Golden Machinery Corporation, a partnership firm deals mainly in the sales and export of machinery. Acting on the information that the appellant firm was concerned in illegal under-invoicing of their exports to Bangladesh, unauthorised collection of the said amount of under-invoicing and making payment to various parties, the business premises of the said firm were searched by the officers of the Enforcement Directorate on March 2, 1987, resulting in seizure of various files and documents. It may also be mentioned that the residential premises of Jitraj Agarwal, a partner of the said firm, were also searched by the enforcement officers on the same day resulting in the recovery of some foreign currency and small amount of foreign exchange. A statement of the said Jitraj Agarwal was also recorded.
(3.) On September 11, 1987, the Deputy Director, Enforcement Directorate, Calcutta, issued 23 several show-cause notices to the said firm and its partners in regard to different consignments for contravention of Sub-section (2) of Section 18 of the said Act read with Sub-section (3) of Section 18 on the ground that the said firm had failed to realise and did not take appropriate steps to realise the amounts of the invoices for the goods from the buyers in Bangladesh in the prescribed manner within the prescribed period of six months without the permission of the Reserve Bank of India in this behalf.;


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