TMI Blog2003 (10) TMI 391X X X X Extracts X X X X X X X X Extracts X X X X ..... order of the Appellate Board under sub-section (3) or sub-section (4) of section 52." Respondent in the appeal filed an appeal before the Appellate Board under section 52 of the FERA against adjudication order passed by Special Director of Enforcement Directorate under sections 9(1)( b ) and ( d ) r/w section 64 of FERA. 2. The appeal filed before the Appellate Board was transferred to the Appellate Tribunal when the Foreign Exchange Management Act, 1999 (in short FEMA) came into force repealing FERA. Section 49 of the FEMA reads as follows : " Repeal and saving. - (1) The Foreign Exchange Regulation Act, 1973 (46 of 1973) is hereby repealed and the Appellate Board constituted under sub-section (1) of section 52 of the said Act (he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his Act, be deemed to have been done or taken under the corresponding provisions of this Act; ( b )any appeal preferred to the Appellate Board under sub-section (2) of section 52 of the repealed Act but not disposed of before the commencement of this Act shall stand transferred to and shall be disposed of by the Appellate Tribunal constituted under this Act; ( c )every appeal from any decision or order of the Appellate Board under sub-section (3) or sub-section (4) of section 52 of the repealed Act shall, if not filed before the commencement of this Act, be filed before the High Court within a period of sixty days of such commencement : Provided that the High Court may entertain such appeal after the expiry of the said period of six ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal pending before the Appellate Board shall be transferred to the Appellate Tribunal. Therefore, the Appellate Tribunal passed the impugned order when the appeal filed before the Board was transferred under section 49(5)(6) of FEMA. Order was passed by the Appellate Tribunal constituted under FEMA. Section 35 of the Foreign Exchange Management Act, 1999 provides appeal from the orders of the Appellate Tribunal which reads as follows : " Appeal to High Court - Any person aggrieved by any decision or order of the Appellate Tribunal may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Appellate Tribunal to him on any question of law arising out of such order." This is a cor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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