SCN issued to a respondent under FEMA after 10 years of committing an offence under FERA was rightly quashed: HC

Case details: Union of India v. Atul Lall major - [2021] 131 taxmann.com 86 (Karnataka)

Judiciary and Counsel Details

• • Alok Aradhe and Hemant Chandangoudar, JJ.
  • H. Jayakar Shetty, Adv. for the Appellant. 
  • Ravi Raghavan, Adv. for the Respondent.

The Adjudicating Officer shall not take notice of any contravention of repealed Act namely, FERA after the expiry of a period of two years from the date of commencement of FEMA

In the given case, on 1-6-2000, FEMA was enacted repealing FERA and on 5-2-2010 i.e. after almost 10 years, a show-cause notice was issued to respondent under FEMA pertaining to violation of repealed Act, namely, FERA, said show cause notice was, per se without jurisdiction and had been issued in violation of bar contained in section 49(3) of FEMA, and, thus, said show-cause notice had rightly been quashed by Single Judge.

List of Cases Referred to

• • Whirlpool Corpn. v. Registrar of Trade Marks [1998] 8 SCC 1 (para 7)
  • Harbanslal Sahnia v. India Oil Corpn. Ltd. [2003] 2 SCC 107 (para 7).