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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Travels and Rentals Private Limited – Appellant
Versus
Union of India – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1. Three appeals have been heard together as they involve similar issues.
2. The appellants in the three appeals have been represented by two sets of learned counsel. For the sake of convenience, facts and contentions of the appellants in the three appeals are adumbrated in order of time of the three appeals.
3. FEA No. 5 of 2008 had been filed prior to the other two appeals and for the sake of convenience is hereinafter referred to as the first appeal. The appellants in FEA 22 of 2009 and FEA 23 of 2009 have been represented by a different learned counsel. These two appeals, for the sake of convenience have been referred to as the next sets of appeals.
4. Learned advocate appearing for the appellants in the first appeal has drawn the attention of the Court to the facts of the present case. He has submitted that the memorandum dated March 31, 2002 was issued to the appellants on May 31, 2002. He has referred to the stand taken by the appellants both before the adjudicating officer as also at the subsequent stage before the appellate authority that, the memorandum was issued on June 1, 2002 and therefore, beyond period prescribed by the sun set clause.
5. Lea
The court established that prosecutions under FERA can continue post-repeal if initiated within two years under the provisions of FEMA.
Point of law : information of incorrect entries was in public domain and with the authorities, as custodian of the records, who sought their correction, whereas in the instant case the information wi....
The need for initiating proceedings within a reasonable period and the unfairness and unreasonableness of initiating proceedings after a significant lapse of time.
The Adjudicating Authority is not a 'persona designata' and can be succeeded by another authority within the same office. The notification revising pecuniary jurisdiction empowered the Additional Dir....
Penalties for contraventions under FEMA must be strictly adhered to, regardless of intent; non-compliance with export declaration for repossessed assets constitutes a violation.
The tribunal established that FEMA's regulatory framework extends to the Exclusive Economic Zone, mandating compliance with export regulations regardless of challenges faced, with penalties imposed b....
The court established that the adjudication process under FEMA must be followed, and a show cause notice is not typically subject to judicial review unless jurisdictional errors are evident.
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