HONOURABLE SRI JUSTICE C.V. RAMULU CIVIL MISCELLANEOUS APPEAL No.3084 OF 2003 JUDGMENT: This Civil Miscellaneous Appeal is directed against the order made in Appeal No.386 of 1993 dated 28-04-2003 on the file of the learned Appellate Tribunal for Foreign Exchange, New Delhi, whereunder under Section 14 of the Foreign Exchange Regulation Act 1973 (for short “the FERA Act”), the penalty of Rs.2,50,000/- imposed on each of the respondents herein by the primary authority is reduced to Rs.75,000/- each. Aggrieved of the same, this Civil Miscellaneous Appeal is filed. 2. In spite of service of notice, none appears for the respondents. 3. Sri T. Suryakaran Reddy, learned counsel for the appellant, submitted that the appellate authority has not shown any reasons for reducing the penalty of Rs.2,50,000/- on each of the respondents to that of Rs.75,000/- each. Therefore, the order passed by the appellate authority is arbitrary and illegal, as such, it is liable to be set aside. 4. I have given my earnest consideration to the submissions made by the learned counsel for the appellant and perused the impugned order and other material made available on record. 5. The appellate authority has recorded its reasons as under: “Thus, according to finding the documentary evidence called by the RBI RBI from the appellant was not submitted. Learned Adjudicating Officer has also found that whatever expenditure the appellant had incurred for furnishing the office had been allowed by the FBI. The RBI had also allowed vehicle maintenance charges etc. and miscellaneous expenditure to the tune of Dhms.29497.19 for items like entertainment, general expenses on staff welfare etc. The appellant therefore failed to repatriate the sum of Dhms.250,083.63 for which there was no plausible explanation. Learned Counsel of the appellant was unable to show that this finding was not justified on materials on record. The case set out in the reply pleaded difficulties that the company had incurred heavy losses, is not very material. According to own case of the appellant, the appellant had realized Dhms 325,000. I am, therefore, of the view that there is no infirmity in the order as regards contravention of Section 14. However, penalty of Rs.2,50,00 on each of the appellants is very harsh and not justified. In the circumstances of the case penalty is reduced to Rs.75,000/- on each of the appellants. Appellants have deposited the penalty. The remaining amount may be refunded within 3 months of the receipt of this order.” 6. In the above facts and circumstances, the appellate authority reduced the penalty portion for the offence purported to have been committed by the respondents from Rs.2,50,000/- each to Rs.75,000/- each. It is the finding of the appellate authority that the penalty imposed by the primary authority is very harsh and abnormal. 7. Be that as it may, Section 54 of the FERA Act reads as under: Appeal to High Court:- An appeal shall lie to the High Court only on questions of law from any decision or order of the Appellate Board under sub- section (3) or sub-section (4) of section 52: Provided that the High Court shall not entertain any appeal under this section if it is filed after the expiry of sixty days of the date of communication of the decision or order of the Appellate Board, unless the High Court is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 8. In the circumstances, I am of the opinion that unless and until a substantial question of law arises for consideration, the very appeal itself cannot be entertained. However, imposing of penalty depends upon the circumstances of each case and what amount of penalty should be imposed is purely discretion of the authority, and therefore, no interference can be made by this Court. Accordingly, on either counts, I am of the opinion that the appeal is devoid of merits and is liable to be dismissed 9. Accordingly, the Civil Miscellaneous Appeal is dismissed. There shall be no order as to costs. _____________________ C.V. RAMULU, J July 29, 2010. PV