Home Case Index All Cases FEMA FEMA + HC FEMA - 2012 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (10) TMI 197 - HC - FEMAFEMA - Writ petition - provisions of the Revenue Recovery Act for recovery of the amount - search in the house of the petitioner as per the provisions of Section 37 of the Foreign Exchange Regulation Act, 1973 on 8-10-1993 - Tribunal directed the petitioner to deposit the penalty amount which is the pre-deposit - petitioner was unable to comply with the said order and ultimately, the second respondent has dismissed the appeal on 17-7-2007 - After dismissal of the appeal nearly 2½ years, at the instance of the Department, the third respondent Tahsildar has initiated proceedings under the provisions of Revenue Recovery Act to recover the amount and that has been challenged by the petitioner on the ground that the same is opposed to the principles enunciated under the Foreign Exchange Regulation Act - Held that:- It is certainly not open to the petitioner to quash the validity of such order of the Appellate Tribunal especially when the third respondent has proceeded to recover the amount under the Revenue Recovery Act - Tribunal’s order was on 17-3-2007 and the petitioner has chosen to challenge the same only in the year 2010 without resorting to the remedy of appeal to the High Court within 60 days and therefore, this writ petition is liable to be dismissed - writ petition fails and the same is dismissed
|