Supreme Court of India · 2019-01-29
Union Of India vs M/S Premier Limited (Formerly Premier ...
- Citation / case number
- AIRONLINE 2019 SC 351
- Court
- Supreme Court of India
- Petitioner
- Union Of India
- Respondent
- M/S Premier Limited (Formerly Premier ...
- Author
- Abhay Manohar Sapre
- Bench
- Indira Banerjee, Abhay Manohar Sapre
Judgment text excerpt
The Supreme Court held that the appeals against adjudication orders under the Foreign Exchange Management Act, 1999 (FEMA) must be filed before the Appellate Tribunal under Section 19 of FEMA, and not before the Special Director (Appeals) under Section 17 of the Foreign Exchange Regulation Act, 1973 (FERA). The Court quashed the High Court's order which had allowed the appeals to be maintainable before the Special Director, establishing that jurisdiction lies with the Appellate Tribunal. The appeal by the Union of India was thus allowed, reinforcing the proper interpretation of the relevant statutory provisions.