The bench granted condonation of delay for filing an appeal under the FPA-FEMA, allowing a 179-day delay due to sufficient reasons explained by the appellant, and directed payment of costs.
Condonation of 179 days delay in filing appeal; appellant directed to pay Rs. 5,000 costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
APPELLATE TRIBUNAL, FOREIGN EXCHANGE MANAGEMENT ACT AT NEW DELHI
FPA-FE-11/BNG/2015
Shri B. M. Rakesh … Appellant / Applicant Versus
The Joint Director Directorate of Enforcement, Bangalore … Respondent
Advocates/Authorized Representatives who appeared
| For the Appellant | : Mr. Aditya Jain, Advocate |
|---|---|
| For the Respondent | : Mr. Prashant Pandey, Legal Consultant Ms. Aagam Kaur, Legal Consultant |
| CORAM | |
| JUSTICE MANMOHAN SINGH | : CHAIRMAN |
| SHRI G.C. MISHRA | : MEMBER |
ORDER 01.09.2017
FPA-FE-11/BNG/2015
As per the provisions of Part XIV of Chapter VI of the Finance Act 2017, the Appellate Tribunal for Foreign Exchange (ATFE) has been merged with the Appellate Tribunal under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Properties) Act, 1976 w.e.f. 26.05.2017. The file in the above said matter has been received by this Tribunal on 01st July, 2017.
Along with the appeal, the application for Condonation of Delay has been filed. The counsel for the appellant submits that there is a delay of 179 days. The reasons for not filing the appeal in time are given in Para 6 & 7 of the application. On behalf of the appellant, the counsel has not disclosed actual days of delay in the application while filing the appeal. However, as per calculation, the delay is of 179 days. The sufficient reason are explained by the appellant in Para 6 & 7. The appellant has been able to establish the same. Therefore, the delay in filing the appeal is condoned subject to the cost of Rs. 5,000 which shall be paid by the appellant to the learned counsel for the respondent.
FPA-FE-11/BNG/2015
Page 1 of 2
The matter is at the stage of waiver of pre-deposit of the penalty imposed
by the respondent.
List this application along with the appeal on 08th March, 2018 at 02:30 PM and the cost shall be paid to the respondent on or before the next date of hearing.
(Justice Manmohan Singh) Chairman
(G.C. Mishra) Member
New Delhi, 01st September, 2017
‘AS’
FPA-PMLA-11/BNG/2015
Page 2 of 2
1 issue framed by the court
Whether the delay in filing the appeal is condonable.
Shri B. M. Rakesh
The Joint Director Directorate of Enforcement, Bangalore
Manmohan Singh
G.C. Mishra
As recorded by the court registry
10 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
