This order lists a matter for consideration regarding exemption of a pre-deposit penalty. The court advertises an adjournment allowing the respondent further time to produce documents, specifically the Panchnama, addressing the appellant's contention about non-service.
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-134/BNG/2010 Shri Bala Shivaprasad … Appellant FPA-FE-135/BNG/2010 Shri Bala Ravikishore … Appellant
Versus
The Joint Director Directorate of Enforcement, Bangalore … Respondent
Advocates/Authorized Representatives who appeared
For the appellant : Mr. Naveen Malhotra, Advocate For the respondent : Shri Prashant Pandey, Legal Consultant Ms. Aagam Kaur, Legal Consultant
CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI ANAND KISHORE : MEMBER
ORDER 04.09.2017
FPA-FE-134/BNG/2010 & FPA-FE-135/BNG/2010
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.
The matter is listed for the purpose of exemption of pre-deposit penalty amount. The main contention of the learned counsel for the appellant is that an impugned order at the appropriate time was not served therefore, the appeal could not be filed on time. The counsel for the respondent states that the service has been affected through affixation and he seeks some more time to produce the requisite
FPA-FE-134 & 135/BNG/2010
Page 1 of 2
documents including the copy of the Panchnama on the next date of hearing.
List on 23rd February, 2018 at 2:30 PM.
(Justice Manmohan Singh) Chairman
(Anand Kishore)
Member
New Delhi, 4th September, 2017
‘K’
FPA-FE-134 & 135/BNG/2010
Page 2 of 2
1 issue framed by the court
Whether the appeal filed was barred due to non-service of the impugned order despite affixation.
Bala Shivaprasad
Bala Ravikishore
The Joint Director Directorate of Enforcement, Bangalore
Manmohan Singh
Anand Kishore
As recorded by the court registry
12 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
