The Appellate Tribunal listed an appeal against a penalty order under FEMA, 1999 and an application for waiver of pre-deposit. The respondent requested time to verify the appellant's financial position before proceeding.
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APPELLATE TRIBUNAL, FOREIGN EXCHANGE MANAGEMENT ACT AT NEW DELHI
FPA-FE-4/CHN/2017
M/s Safa Sea Food … Appellant Versus The Joint Director Directorate of Enforcement, Chennai … Respondent
Advocates/Authorized Representatives who appeared
| For the appellant | : |
Shri T. Sundar Ramanathan, Advocate |
|---|---|---|
| For the respondent | : | Shri Prashant Pandey, Legal Consultant |
| CORAM JUSTICE MANMOHAN SINGH SHRI G.C. MISHRA |
: : |
CHAIRMAN MEMBER |
| ORDER 10.08.201 |
7 |
FPA-FE-4/CHN/2017
The appellant has filed the present appeal against the order dated 28th November, 2016 passed by the Adjudicating Authority against the appellant under section 13 of FEMA, 1999 whereby a penalty of Rs. 48,00,000/- has been imposed on the appellant. Alongwith the appeal the appellant has filed an application under section 19 for seeking waiver of pre-deposit of penalty. In the application it is specifically mentioned that the amount of penalty will cause undue hardship to the appellant whose operation have been come to standstill. The counsel for the respondent seeks time to verify the financial position of the appellant.
FPA-FE-4/CHN/2017
Page 1 of 2
He submits that till the next date the respondent is not to take coercive step against the property in question in view of the impugned order passed.
List the appeal on 16th January, 2018.
(Justice Manmohan Singh) Chairman
(G.C. Mishra) Member
New Delhi, 10th August, 2017
‘d’
FPA-FE-4/CHN/2017
Page 2 of 2
2 issues framed by the court
Whether the appellant's appeal against penalty imposed under section 13 of FEMA, 1999 is maintainable.
Whether to waive pre-deposit of penalty under section 19 of FEMA, 1999 given alleged undue hardship.
2 provisions across 1 enactments
M/s Safa Sea Food
The Joint Director Directorate of Enforcement, Chennai
Manmohan Singh
G.C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
