9911796707
TMI Blog2019 (8) TMI 136X X X X Extracts X X X X X X X X Extracts X X X X ..... hs. The appellants has till date not complied with the same. In the meantime, they had filed CMAs in the High Court of Madras wherein they challenged the jurisdiction of the Single Member Bench of the Appellate Tribunal to hear and pass orders on their appeals, although this issue was never raised earlier before the Tribunal. The Hon'ble Madras High Court vide their order dt 12.06.2019 stated as follows:- "Having heard the learned counsels for the parties, we are of the opinion that we cannot entertain the present appeals on merits against the impugned order passed by the learned Single Member of the Tribunal on 5.12.2018 on the pre-deposit applications filed by the appellant whereby the learned Single Member directed to deposit 50% of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wers and functions of the Appellate Board was to be exercised and discharged by Benches consisting of two Members and constituted by the Chairman of the Appellate Board. Further, the second proviso to the said section states that the competency of the single Member whether of the Chairman or any other Member of the Appellate Board in any appeal shall be limited to an order imposing a penalty of an amount not exceeding Rs. 2,50,000/- (Rupees Two lakh fifty thousands). They therefore stated that the present single members 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 Miscellaneo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... powers and functions of the Appellate Tribunal. iv) That as the FEMA Tribunal has been merged with the SAFEMA Tribunal, the procedure and functioning of the Tribunal has to be as per the provisions of the SAFEMA. v) That the Chairman of the present Appellate Tribunal had issued a circular dated 4.7.2018 marking cases to all 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 sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te Tribunal constituted under SAFEMA, 1976 shall be the Appellate Tribunal for the purposes of the FEMA and the said Appellate Tribunal shall exercise the jurisdiction, powers and authority conferred on it by or under FEMA. 6. As per Section 12 (6A) 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 SAFEM ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ERA prior to 01.06.2000 when FERA was in force the appeal against such order was maintainable only under Section 52 (2) before the Appellate Board under FERA. 24. Second, if such 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
