before the Adjudicating Authority. Moreover, Section 37(A)(4) proviso gives the power only to the Competent Authority or the Adjudicating Authority and the Appellate Tribunal has not been given that power. With regard to the powers of review, the Appellate Tribunal has the power to review its own orders only, as per Section 28(2)(f) of FEMA. His further submission was that FEMA being a special law, the judgment quoted by the appellants which were in the context of different facts and law will not be applicable. 4. I have examined the case records, the documents placed on record, and also heard both the parties. The limited point to be decided is whether as per Section 37(A)(4) proviso, the seizure can be set aside which was confirmed by the impugned order dated 18.05.2018. It is an accepted fact that no show cause notice has yet been issued nor any adjudication proceedings been initiated. That of course will be a separate proceeding under the Act. With regard to Section 37(A), the title of the Section makes it clear that this is a special provision relating to assets held outside India in contravention of Section 4. Section 37(A)(4) provides that the order confirming seizure of the Competent Authority will continue till the disposal of the adjudication proceedings and thereafter the Adjudicating Authority shall pass appropriate directions in the adjudication order with regard to the action as regards the seizure. There is of course one exception made in the proviso to Section 37(A)(4) which gives the power to the Competent Authority or the Adjudicating Authority as the case may be, where an application has been made by the aggrieved person disclosing the fact of bringing back the foreign exchange, foreign security etc. into India to pass an appropriate order as it deems fit including setting aside of the seizure made under Sub-Section 1 of Section 37(A). The sub-Section 1 authorizes the authorized officer to seize value FPA-FE-44-46/MUM/2018 Page 4 of 6
