Dismissed

FPA-FE-29/HYD/2016 of Union of India Directorate of Enforcement, New Delhi v/s Shri Tasveer Asgar Khan

ATFP13 Nov 2017FPA-FE-29/HYD/2016

Case brief

AI extract

What is this about?

In this appeal against an order imposing a penalty, the Tribunal held that the revision petition was not maintainable after the penalty was deposited by the respondent, and consequently dismissed the petition.

What did the court decide?

The appeal was dismissed on the ground that the revision petition was not maintainable as the penalty had been deposited.

FPA-FE-29/HYD/2016 of Union of India Directorate of… — Banking and Recovery | ATFP (2017)

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APPELLATE TRIBUNAL, FOREIGN EXCHANGE MANAGEMENT ACT AT NEW DELHI

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Date of Decision: 13.11.2017

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FPA-FE-29/HYD/2016

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Union of India Directorate of Enforcement, New Delhi … Appellant

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Versus Shri Tasveer Asgar Khan … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant : Shri Prashant Pandey, Legal Consultant For the respondent : Mr. Prani Satale, Advocate

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CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN

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JUDGEMENT

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FPA-FE-29/HYD/2016

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The appellant has filed the revision petition under section under Section 19(6) of the Foreign Exchange Management Act, 1999 against the order dated 29^th September, 2016 whereby the Appellate Authority imposed the penalty of Rs. 2,50,000/- (Rupees Two Lakh and Fifty Thousand Only) on the respondent against all charges. The contentions of the respondent is that revision petition filed by the revisionist is not maintainable as there is no specific provision in the Act. As far as the penalty is concerned; the respondent has already deposited the penalty amount the details of the penalty paid is given as under:

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FPA-FE-29/HYD/2016

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Page 1 of 3

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Sr. No.	Date	DD No.	Amount	Details of Bank	In favour of
1	11.11.2016	160080	50,000	Bank of	Drawing &
2	13.12.2016	160098	50,000	Baroda,	Disbursing
3	12.01.2017	160109	50,000	Gen Next	Officer,
4	13.02.2017	160116	50,000	Branch,	Directorate
5	14.03.2017	160124	50,000	Pune 411 045	of Enforcement, Hyderabad

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The learned counsel for the appellant has referred the provision of section 19 of sub-section 6 of the Act and submits that the appellate Tribunal is empowered to examine the correctness of any order made by the Adjudicating Authority. For the purpose of convenience sub-section 6 of 19 reads as under:

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“ (6) The Appellate Tribunal may, for the purpose of examining the legality, propriety or correctness of any order made by the Adjudicating Authority under section 16 in relation to any proceeding, on its own motion or otherwise, call for the records of such proceedings and make such order in the case as it thinks fits.”

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I have gone through provisions of section 16 which provides for appointment of Central Government Officers as at Adjudicating Authority for holding an inquiry for the purpose of imposing any penalty against the respondent. I have been informed that after passing the impugned order no complaint against the respondent was filed against the order passed by the Adjudicating Authority who has imposed the penalty nor any inquiry is conducted in this regard under section 16 of the Act as provided under sub-section 6 of section 19.

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Under these circumstances, I am of the view that there is a force in the submissions of learned counsel for the respondent that the revision petition filed by the appellant is not maintainable. The penalty amount as per impugned order has been deposited by the respondent. Thus I am

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FPA-FE-29/HYD/2016

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Page 2 of 3

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inclined to interfere with the impugned order. The revision petition is

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accordingly dismissed.

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(Justice Manmohan Singh) Chairman

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New Delhi, 13^th November, 2017

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‘D’

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FPA-FE-29/HYD/2016

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Page 3 of 3

FPA-FE-29/HYD/2016 of Union of India Directorate of Enforcement, New Delhi v/s Shri Tasveer Asgar Khan

Case brief

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FPA-FE-29/HYD/2016 of Union of India Directorate of Enforcement, New Delhi v/s Shri Tasveer Asgar Khan

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