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SANJAY V. GANGAPURWALA, BHARATHA CHAKRAVARTHY
Auro Logistics Ltd, Chennai – Appellant
Versus
Assistant Director (SRO) – Respondent
JUDGMENT :
Sanjay V. Gangapurwala, J.
(Prayer: Appeals under Clause 15 of the Letters Patent against the common order dated 5.1.2024 made in W.P.Nos.13268 and 13276 of 2020 by the learned Single Judge.)
1. Calling into question the judgment and order dated 5.1.2024 passed by the learned Single Judge, the unsuccessful writ petitioners have filed these appeals.
2.1. The facts leading to the filing of these appeals, in a nutshell, are as follows: On the basis of a complaint dated 29.1.2018 lodged under Section 16(3) of the Foreign Exchange Management Act, 1999 [for brevity, “the Act of 1999”] by the Assistant Director, Directorate of Enforcement, Hyderabad, the Special Director, Directorate of Enforcement, Southern Regional Office, Chennai, issued a show cause notice dated 23.2.2018 to the appellants under Section 7 of the Act of 1999 read with Regulations 8, 9(1) and 13 of the Foreign Exchange Management (Export of Goods and Services) Regulations, 2000 for non-repatriation of the export proceeds.
2.2. Subsequent to the issuance of the show cause notice, the Assistant Director (SRO), D
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....
The adjudicating authority is required to form an opinion after giving notice to the petitioner before issuing the show cause notice.
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.
No requirement in the Act or Rules, nor do the principles of natural justice and fair play require that the witnesses whose statements were recorded and relied upon to issue the show-cause notice, ar....
An Adjudicating Authority cannot override the findings of a Competent Authority rendered under Section 37A of FEMA by effectively deciding the merit of pending appeals, and adjudication proceedings b....
The competent authority's finding of no violation under FEMA precludes a lawful issuance of a show cause notice, necessitating review of the proceedings from that stage following an appeal's outcome.
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