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2017 (6) TMI 983

Head Note:
Condonation of delay - period of limitation - submission of the respondents that FEMA is a special statute and, therefore, the provisions of Section 5 of the Limitation Act, 1963, would have no application - Held that:- Having regard to the provisions of the Statute, we are of the view that, given the language of the proviso to Section 35 of FEMA, this Court does not have a power to condone the delay beyond the time prescribed therein. The language used in the proviso appended to Section 35 of the FEMA by necessary implication excludes applicability of Section 5 of the Limitation Act to FEMA, being a Special law, which operates in a field, inter alia, connected with economic offences. Speed coupled with certainty are the bedrock of the statute. Clearly, even according the Revenue, the accompanying appeal has been filed beyond the prescribed time frame.

We are unable to condone the delay. The application will have to be dismissed.


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