Disposed

FPA-FE-5/MUM/2016 of M/s. Ingram Micro India (P) Ltd. v/s The Special Director Directorate of Enforcement, Mumbai

ATFP2 Feb 2018FPA-FE-5/MUM/2016

Case brief

AI extract

What is this about?

Appeal against interim order under FEMA. Court considered appellant's inability to produce documents for one transaction due to delayed notice. Confirmed interim order and disposed of stay application, listing full appeal for hearing.

What did the court decide?

Interim order confirmed; stay application disposed of; appeal listed for hearing.

FPA-FE-5/MUM/2016 of M/s. Ingram Micro India (P) Ltd. v/s The… — Banking and Recovery | ATFP (2018)

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APPELLATE TRIBUNAL, FOREIGN EXCHANGE MANAGEMENT ACT AT NEW DELHI

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MP-FE-42/MUM/2017 (Misc.) &

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FPA-FE-5/MUM/2016

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M/s. Ingram Micro India (P) Ltd.

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… Appellant

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Versus The Special Director Directorate of Enforcement, Mumbai … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant : Shri C.D. Mulherkar, Advocate For the respondent : Shri Pankaj Yadav, Legal Consultant

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CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN

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ORDER

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02.02.2018

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FPA-FE-5/MUM/2016

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The interim order in the above said matter is already continuing since 2016. Both the parties have made their submissions.

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It appears from the record that the notice to provide information provided by RBI notice dated 21^st November, 2002 was issued by the Enforcement Director seeking the Exchange Control copy of the bill of entries.

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The case of the appellant is that out of five transactions, three transactions already been satisfied.

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With regard to fourth transaction for the foreign value of 17,2,99,533 $ for which the photocopies was furnished of bill as well as

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FPA-FE-5/MUM/2016

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Page 1 of 3

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TR6-6 challan before the Adjudicating Authority and are available from page No. 37 to 45 of the paper book. It appears that both the documents are duly stamped by the Department.

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The learned counsel for the appellant admits that no documents pertaining to the transaction to the value of 7206 $ has been produced. The submission of the learned counsel for the appellant is opposed by Mr. Prashant Pandey, learned counsel for the respondent, counsel submits that there is no time limit to issue the show cause notice which was received by the appellant in the above said matter in 2013 i.e. after the expiry of information received by the respondent in the year 2002.

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With regard to respect of the photocopies furnished, the decision of Delhi High Court in case of “Sunil Engineering Corporation & Ors. Vs. Union of India (UOI) & Ors.” which help the case of the appellant. The finding are reproduced here below:

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“Petitioners submit that original Bills of Entry had also been tendered but they were not having the receipt for the same as the same had been misplaced and was not traceable. However, petitioners had duly furnished the copies of Bills of Lading, Invoices. The photocopy of Exchange Control copy of the Bill of Entry duly carried endorsement by the Customs Authorities of the clearance of the goods. Mr. Sharma also submitted that the Bank itself had failed to comply with the procedure.

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Out of many that transactions of lakhs of dollars, the remaining dispute is only in the pertaining to the one of the transaction to the tune of 7206 $ where the require documents were not produced as the same was not available because of the reason that show cause notice in the above said matter was issued after 12 to 13 years from the date of transaction.

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Thus, there is a force in the submission of the appellant. Interim order already passed is confirmed. The stay application is accordingly disposed of.

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FPA-FE-5/MUM/2016

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Page 2 of 3

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List the appeal for hearing on 11^th April, 2018 at 11:00 AM.

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(Justice Manmohan Singh) Chairman

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New Delhi,

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02^nd February, 2018

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‘A’

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FPA-FE-5/MUM/2016

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Page 3 of 3

FPA-FE-5/MUM/2016 of M/s. Ingram Micro India (P) Ltd. v/s The Special Director Directorate of Enforcement, Mumbai

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FPA-FE-5/MUM/2016 of M/s. Ingram Micro India (P) Ltd. v/s The Special Director Directorate of Enforcement, Mumbai

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