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Judgment
G. C. Mishra, Acting Chairman
MP-FE-740/CHN/2020 (COD) in FPA-FE-59/CHN/2020
The present application has been filed by the applicant to condone the delay of 44 days in filing the appeal. Perused the application for condonation of
delay. The appellant/applicant has given sufficient reasons as to why the appeal could not be filed within the prescribed period. The reasons have been
well described in para nos. 3 to 6 supported with order of Hon’ble Supreme Court of India vide its order dated 23.03.2020 in Suo Motu Writ
Petition (Civil) No(s). 3/2020 in Re:Cognizance For Extension of Limitation. Considering the submissions and the grounds mentioned in the application
and in the interest of justice, the delay is condoned and the application is disposed of.
FPA-FE-59/CHN/2020
Fresh appeal has been filed under Section 19 of the Foreign Exchange Management Act, 1999 against impugned dated 16.03.2020 passed by the Joint
Director, Directorate of Enforcement, Southern Regional Office, Chennai.
Issue notice. Ms. Ankita, Legal Consultant accepts the notice and sought six weeks time to file the reply to the appeal, which is not objected. Let the
same be filed within six weeks with an advance copy to be served on the other side who may file the rejoinder within four weeks thereafter.
MP-FE-741/CHN/2020 (Exem.)
The present application has been filed by the appellant/application to allow him to filing the certified/true typed copy of the annexures. The same is
considered and allowed. The application for exemptions is disposed of accordingly.
MP-FE-739/CHN/2020 (Stay), MP-FE-66/CHN/2021 (Stay) in FPA-FE-59/CHN/2020
The present applications have been filed by the applicant/appellant seeking waiver of pre-deposit of penalty amount, stay of the implementation of the
impugned order dated 16.03.2020 and in the latest stay application, the appellant/applicant has sought the stay of the demand notice dated 24.02.2021
and seeking direction to the respondent not to take any coercive steps against the appellant till the stay application filed by the appellant is decided by
this Tribunal on the grounds mentioned therein.
During the course of hearing, it is submitted by the learned counsel for the applicant/appellant that he has received a demand notice dated 24.02.2021
on 04.03.2021 wherein he has asked to deposit the entire penalty of Rs. 59,000/- (Rupees Fifty nine thousand Only) within ten days.
Upon hearing, issue notice. Ms. Ankita, Legal Consultant for the Respondent/ED accepts the notice and sought six weeks time to file the replies to the
stay applications, which is not objected. Let the same be filed within six weeks with the advance copies to be served on the other side.
Heard the submissions. During the pendency of the appeal and the waiver application, the Respondent ED has issued the demand notice. Considering
the facts mentioned in the appeal and the stay application for stay of the operation of the demand notice dated 24.02.2021 received by the appellant on
04.03.2021, the Respondent/ED is directed not to execute the demand notice dated 24.02.2021 and no coercive action be taken in view of said
demand notice till the next date of hearing.
With the consent of both the parties, list the matter on 07th July, 2021.