The Appellate Tribunal noted that the ATFE merged with the Appellate Tribunal on 26.05.2017 and received the file on 01.07.2017. It listed the matter for next hearing to consider if the appeal can be entertained without the pre-deposit penalty.
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-359/BNG/2005
Sh. Ramesh Kumar … Appellant Versus
The Joint Director Directorate of Enforcement, Bangalore
… Respondent
Advocates/Authorized Representatives who appeared
| For the appellant | : Shri Rabin Majumdar, Advocate |
|---|---|
| For the respondent | : Shri Prashant Pandey, Advocate Ms. Aagam Kaur, Advcoate |
| CORAM | |
| JUSTICE MANMOHAN SINGH | : CHAIRMAN |
| SHRI ANAND KISHORE | : MEMBER |
ORDER 12.07.2017
FPA-FE-359/BNG/2005
As per the provision 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 submits that the main appeal be taken up for final hearing. He further submits that his client is not pressing for stay. The learned counsel for the respondent submits that the appeal cannot be entertained unless the pre-deposit penalty is not deposited by the appellant.
This aspect would also be considered on the next date of hearing.
List on 20th November, 2017 at 2:30 pm.
FPA-FE-359/BNG/2005
Page 1 of 2
Both the parties are allowed to file the written submission within
eight weeks from today.
(Justice Manmohan Singh) Chairman
(Anand Kishore)
Member New Delhi, 12th July, 2017.
‘s’
FPA-FE-359/BNG/2005
Page 2 of 2
1 issue framed by the court
Whether the main appeal can be entertained without deposit of the pre-deposit penalty.
Sh. Ramesh Kumar
The Joint Director Directorate of Enforcement, Bangalore
Manmohan Singh
Anand Kishore
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
