TMI Blog2019 (8) TMI 136X X X X Extracts X X X X X X X X Extracts X X X X ..... 2017) had provisions to constitute Bench with one or more Members - while the Appellate Board of FERA has been dissolved with the coming into effect of FEMA on 01.06.2000, the Appellate Tribunal set up under SAFEMA will be the Appellate Tribunal for the purposes of FEMA also. The provisions under SAFEMA provide for both a Single Member Bench and a Division Bench to be constituted by the Chairman. It is a fact that the Chairman has notified in July 2018 distribution of cases/appeals to all the existing Benches including both the Single Benches of the undersigned and the Chairman functioning as a Member. As per section 2(s) of FEMA, Member means a Member of the Appellate Tribunal and includes the Chairperson thereof . There is no merit in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e pre-deposit applications filed by the appellant whereby the learned Single Member directed to deposit 50% of the penalty amount in question . It further stated at para 6 7 of the said order 12.06.2019 as follows:- On the question of jurisdiction of the learned Single Member or Division Bench of the Tribunal, we are of the opinion that since the said issue was not raised before the said Tribunal itself in the first instance, the appellant/petitioner can be given liberty to raise the said issue before the Tribunal itself in the first instance . At para 7 it observed ; we dispose of the present appeals with liberty to the appellants to raise such an issue of jurisdiction a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... did not have the powers to decide the present appeals. ii) That they did not contest or challenge the stay order of the Tribunal dated 5.12.2018 on merits either before the High Court or presently through these Miscellaneous petitions. iii) That as per Section 49 of FEMA, sub-section 5(a) anything done or any action taken etc. shall in so far as it is not inconsistent with the provisions of this Act (meaning FEMA) be deemed to have been done or taken under the corresponding provisions of the FEMA. iv) That Section 28(2)(f) of FEMA stipulates the provision for filing a review. v) They relied on the following judgements; a) Hatija R. Rahiman Ors. Vs. E.D. H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the present Benches, inter-alia the Single Bench of the learned Member Smt. Ananya Ray and the Single Bench of the learned Chairman, Sh. Manmohan Singh. vi) That the present Act either of SAFEMA or FEMA do not prescribe any financial or other limits for hearing of cases by a Single Member Bench. vii) That in so far the order of the Hon ble High Court of Madras is concerned, the High Court has not granted any stay on the Appellate Tribunal s order dated 5.12.2018 and the appellants are duty bound to pre-deposit the said amount without any further delay. 5. I have carefully examined the documents on record as well as heard both the parties at length. The only question in the present miscella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) of SAFEMA, the Chairman of the Appellate Tribunal may constitute a Bench with one or two Members and a Bench so constituted may exercise and discharge the powers and functions of the Appellate Tribunal. Even the erstwhile Section 20 of FEMA (rescinded vide Finance Act 2017) had provisions to constitute Bench with one or more Members. 7. To summarize, while the Appellate Board of FERA has been dissolved with the coming into effect of FEMA on 01.06.2000, the Appellate Tribunal set up under SAFEMA will be the Appellate Tribunal for the purposes of FEMA also. The provisions under SAFEMA provide for both a Single Member Bench and a Division Bench to be constituted by the Chairman. It is a fact that the Chairman has notified ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch appeal had remained pending before the Appellate Board on 01.06.2000, the same would have been transferred to the Appellate Tribunal constituted under FEMA in terms of Section 49 (5)(b) of FEMA for its disposal. 25. Indeed, there can be no dispute to the legal position mentioned in the First and Second reasoning supra. 26. Third, a fortiori, any appeal, if filed after 01.06.2000 and against the similar order, i.e., an order passed under Section 51 of FERA should also be held to lie before the Appellate Tribunal under Section 19 of FEMA alike the appeals filed prior to 01.06.2000 and which were transferred to the Appellate Tribunal by virtue of Section 49(5)(b) of FEMA. 9. On the ba ..... X X X X Extracts X X X X X X X X Extracts X X X X
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