TMI Blog2012 (10) TMI 1186X X X X Extracts X X X X X X X X Extracts X X X X ..... r (Per Hon ble Sri Justice Goda Raghuram) Heard Sri Srinivas Rao Bodduluri, learned counsel for the petitioner and Sri Ponnam Ashok Goud, learned Assistant Solicitor General for India for respondent No.1 and Sri N.Harinath, learned counsel for respondents 2 and 3. The order (original) dated 8-9-2004 bearing reference No. T4/29- BAN/2002 of the Additional Commissioner of Income Tax im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the FERA Act was served on the petitioner prior to service of the impugned order (original) dated 8-9-2004 (on 24-7-2012), the entire proceedings are invalid. The order (original) dated 8-9-2004 however records that as the petitioner obtained Foreign exchange equivalent to ₹ 11.91 lakhs, ₹ 24.57 lakhs, ₹ 49.14 lakhs and ₹ 8.67 lakhs on 30-1-1995, 5-6-1995, 30-5-1995 an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to as the repealed Act) shall stand dissolved. (2) . (3) Notwithstanding anything contained in any other law for the time being in force, no court shall take cognizance of an offence under the repealed Act and no adjudicating officer shall take notice of any contravention under section 51 of the repealed Act after the expiry of a period of two years from the date of the commencement of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the bar of limitation. The order (original) dated 8-9-2004 impugned herein. is admitted to have been served on the petitioner on 24-7-2012. The petitioner has an appellate remedy before the Appellate Tribunal, under Section 19 of the FEMA Act. In the totality of the facts and circumstances, we are of the considered view that the petitioner should be relegated to pursue the appellate remedy. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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