ATFE received file after merger under Finance Act 2017. Allowed appellant to raise additional ground regarding non-compliance of notice by Adjudicating Officer. Listed for final arguments.
Additional ground allowed to be taken on record; matter listed for final arguments on 12.10.2017.
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APPELLATE TRIBUNAL, FOREIGN EXCHANGE MANAGEMENT ACT AT NEW DELHI
FPA-FE-24/HYD/2012
M/s. ICOMM Tele Ltd. … Appellant
Versus
The Director Directorate of Enforcement, Hyderabad
… Respondent
Advocates/Authorized Representatives who appeared
For the appellant : Shri C.S. Subrahmanyan, CA Shri V. Siva Kumar, Advocate For the respondent : Shri Parshant Pandey, Legal Consultant Ms. Agam Kaur, Legal Consultant CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN [
ORDER
16.08.2017
FPA-FE-24/HYD/2012
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 & 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 1st July, 2017.
The learned Counsel for the appellant is seeking to raise the additional grounds that the learned Adjudicating Officer erred in not taking note of the compliance of the notice from Enforcement Directorate, Mumbai before assuming the violation before the expiry of two years from the date of FERA was repealed. It is a legal issue.
The learned Counsel for the respondent has no objection if the additional ground is allowed to be taken on record. Accordingly, the
FPA-FE-24/HYD/2012
Page 1 of 2
additional ground is allowed to be taken on record. The Counsel for the
respondent is not ready with the matter.
List for final arguments on 12th October, 2017 at 2.30 p.m.
(Justice Manmohan Singh) Chairman
New Delhi 16th August, 2017
‘r’
FPA-FE-24/HYD/2012
Page 2 of 2
1 issue framed by the court
Whether an additional ground concerning non-consideration of compliance before assuming violation can be allowed after impugned order?
M/s. ICOMM Tele Ltd.
The Director Directorate of Enforcement, Hyderabad
Manmohan Singh
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
