Home Case Index All Cases FEMA FEMA + AT FEMA - 2014 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (12) TMI 1190 - AT - FEMAWaiver of pre-deposit - Proceedings under FEMA - Difference of opinion between the members of the tribunal - Scope of the reference made in case of difference of opinion of two Hon’ble members under Section 31 of FEMA, 1999 - Held that:- It is not open for the Chairperson/third member to re-write the judgment/order, according to his understanding. He can not disagree with the findings of both the Hon’ble Members but has to agree with one of the findings which appear to him to may be more logical and correct. At the stage of passing interim order there is no scope of expressing final opinion in the matter. By expressing final opinion, the views once taken at the preliminary or early stage can not be changed at the time of final adjudication on merits conveniently. Therefore, the :observations made in Paragraphs 35 and 36 of the judgment by Dr. S.D.Singh, Hon’ble Member, through which conclusive opinion touching the merits appears to have been expressed is against the propriety and settled legal position of law on this point. I am in agreement with the views expressed in the order of Hon’ble Member Dr. H.K. Mudgil in his order dated 4-8-2014 with regard to Paragraphs 35 to 37 of the order of the Hon’ble Member Dr. S.D. Singh. In the light of my agreement the same shall be treated to be the majority opinion of the Tribunal including those who first heard it. - imposition of condition of depositing 40% and furnishing bank guarantee for 60% will adequately safeguard the interest of the revenue.
|