.... 4/16 7. Thus, by invoking the power under Section 37A(1) of the FEMA Act, the Authorized Offic...order on 27.12.2021 in respect of the first case, where only the shares of the alleged contravener have been attached in the Company which is running in India. In respect of the ...petitions are no more available to the petitioner. Thus, the petitioner should exhaust the appeal remedy, which is statutorily provided under Section 37A(5) of the FEMA ...

...seized by the 2nd respondent vide Ext.P1 seizure order, issued under Section 37A(1) of the Foreign Exchange Management Act, 1999 ('FEMA', for short) - is free from any lien / c..., consequent to Ext.P2 order of the Commissioner of Customs (Appeals-I), who is the competent Authority as per Section 37A(3) of 'FEMA'. 2. Sri....V.Nair confirmed that the competent Tribunal has not issued any orders; and that as matters now stand, Ext.P2 order of the competent Authority under Section 37A of the 'FEMA' hol...

...provisions of the SARFAESI Act overrides the provisions of the FEMA, since both are special laws and SARFAESI Act is a subsequent enactment, which would prevail over ...the FEMA which was inserted vide Central Act No.20 of 2015 w.e.f. 09.09.2015, while the mortgage created in favour of the petitioner -Bank was prior / earlier thereto i.e., on 20.05.2015 ...had been mortgaged in favour of the petitioner -Bank much prior / earlier to Section 37A being inserted in FEMA and coming into force for the purpose of the present case. ...

...the PMLA orders. They should dissolve upon sale in view of Section 32A of the IBC. On 30.11.2022, the writ petitioner was in receipt of an order of seizure no. 01/2022 ("Provisio...30.01.2023. Annexure-P3 to the writ petition was an Order of Seizure issued by the respondent no. 2 herein under Section 37A(1) of Foreign Exchange Management Act, 1999. In the p...Seizure Order was in complete disregard of the moratorium prescribed by Section 33(5) of the IBC. On 31.01.2023, the writ petitioner was in receipt of a petition u/s 37A(2) ...

...respondent No.3, confirming the seizure orders passed by the respondent No.2/Directorate of Enforcement under Section 37A of Foreign Exchange Management Act, 1999 (for short, '...impugned seizure orders and sought a direction for release of said amount enabling the petitioner company to prefer an appeal under Section 37A(5) of FEMA and dispose of the writ...of this Court that an appeal lies with the Appellate Authority constituted under FEMA, under Section 37A(5) of FEMA, against the subject seizure orders passed by respondent No.3,...

...passed by the competent authority (FEMA) setting aside Ext.P1 seizure order passed by the Assistant Director, ED under Section 37A(1) of the Foreign Exchange Management Act, 1999...seizure order invoking power under Section 37A of FEMA seizing the properties worth Rs.305,84,12,232/- belonging to the petitioner covered by 4...additional respondent No.13 placed Ext.P1 seizure order before the competent authority appointed under Section 37A(2) of FEMA seeking confirmation of the same. The competent auth...

..., cesses and other rates payable to the respondents 1 and 2 and the provisions of the SARFAESI Act overrides the provisions of the FEMA, since both are special laws and ...the FEMA which was inserted vide Central Act No.20 of 2015 w.e.f. 09.09.2015, while the mortgage created in favour of the petitioner -Bank was prior / earlier thereto i.e., on 20.05.2015 ...applicable nor could be invoked in relation to the schedule property which had been mortgaged in favour of the petitioner -Bank much prior / earlier to Section 37A being inserted in FEMA and comin...

...S.G. Pandit, J.:— Petitioner, a company incorporated under the provisions of the Companies Act, 2013 is before this Court under Article 226 of the Constitution ...form of royalty cannot be considered as transfer of foreign exchange out of India in contravention of Section 4 of FEMA. 15. Learned senior counsel Sri. S...statements were recorded. Based on the collected information, the Authorized Officer passed seizure order under Section 37A[1] of FEMA, which is impugned in this writ petition...

...other words, it necessitated the legislators to incorporate the definition for "Authorised Officer" under Section 2(cc), in view of insertion of Section 37A under the ...under Section 16(1) is independent and seizer under Section 37A with reference to Section 4 is an interim measure, which is to be dealt with by the Adjudicating Authority, while passing final orders. ...property during pendency of the adjudication proceedings and such seizer proceedings initiated under Section 37A, undoubtedly cannot stand as a bar to proceed with the adjudication proceedings under ...

...Section 37A (4) of the FEMA Act, 1999. Therefore proceedings should have been dropped. 15. The relevant period of remittance ...permission of RBI, hence there cannot be violation of FEMA. 39. Section 37-A of FEMA, was brought on the statute book with effect from 14/05/2015, inserted by ...terms of section 6(3)(d) of FEMA, 99 which had been repealed from Statue Book by way of amendment w.e.f. 14.05.2015. 49. Section 6(3)(d) is also not applica...

...Section 37A (4) of the FEMA Act, 1999. Therefore proceedings should have been dropped. 15. The relevant period of remittance ...permission of RBI, hence there cannot be violation of FEMA. 39. Section 37-A of FEMA, was brought on the statute book with effect from 14/05/2015, inserted by ...terms of section 6(3)(d) of FEMA, 99 which had been repealed from Statue Book by way of amendment w.e.f. 14.05.2015. 49. Section 6(3)(d) is also not applica...

...Section 37A (4) of the FEMA Act, 1999. Therefore proceedings should have been dropped. 15. The relevant period of remittance ...permission of RBI, hence there cannot be violation of FEMA. 39. Section 37-A of FEMA, was brought on the statute book with effect from 14/05/2015, inserted by ...terms of section 6(3)(d) of FEMA, 99 which had been repealed from Statue Book by way of amendment w.e.f. 14.05.2015. 49. Section 6(3)(d) is also not applica...

...Section 37A (4) of the FEMA Act, 1999. Therefore proceedings should have been dropped. 15. The relevant period of remittance ...permission of RBI, hence there cannot be violation of FEMA. 39. Section 37-A of FEMA, was brought on the statute book with effect from 14/05/2015, inserted by ...terms of section 6(3)(d) of FEMA, 99 which had been repealed from Statue Book by way of amendment w.e.f. 14.05.2015. 49. Section 6(3)(d) is also not applica...

...their wives are controlling the companies collectively known as J G Group and these companies are resident Indian in terms of definition of Section 2(v) of FEMA, 1999". ...searched on 24.11.2021 under Section 37 of FEMA, 1999 read with Section 132 of Income Tax Act, 1961. As a consequence of findings from the search premises of Shri Sawan ...searched on 24.11.2021 under Section 37 of FEMA, 1999 read with Section 132 of Income Tax Act, 1962. Furthermore, the office premise of Mrs Anchal R Jain, Company Secretary ...

...One Crores and Twenty Two Lakhs Eighty Eight Thousand and Eighty Seven Only) under Section 37A(1) of Foreign Exchange Management Act, 1999 (FEMA) vide Seizure Orders dated 26.08.2021, 30.09.2021 and .... The appellant later on filed a complaint dated 21.06.2022 under Section 16(3) of the FEMA before the Adjudicating Authority against the respondent No.1 company and the other No...sub-section (1) of Section 23 of the Act, then a second appeal to the Tribunal under sub-section (3)(a) thereof, and thereafter in the event the...

...generated from some scheduled offence and was tainted money and/or „proceeds of crime". 8.3 The counsel for the petitioner also argued that the remittance of ...respondent/ED conducted enquiry under the Foreign Exchange Management Act, 1999 (FEMA) qua the outward remittance by some companies using credentials of the complainant and his statement was recor...statements of witnesses/accused are admissible in 34 evidence in view of Section 50 of the said Act and such state...

...Section 4 of the Foreign Exchange Management Act, 1999 (“FEMA” for brevity) and the equivalent value of ...petitioner contended that the Assistant Director has invoked power under Section 37A of FEMA, which has penal consequences including civil imprisonment and such law cannot have retrospective application an...thereafter, and the petitioner did not appear. Therefore, the competent authority, who was statutorily required to dispose of the petition within 180 days from the date of seizure (as per ...

...a seizure order under section 37A of FEMA was passed by the Enforcement Directorate. On 11 August 2022, an order under section 281B of the Act was passed by the...Assessee filed its return of income under section 139(1) of the Act for AY 2019-20 Page 6 of 25 declaring a total ...of INR 207,76,84,660/-. The return was processed under section 143(1) of the Act on 08/02/2021 wherein the loss of INR 207,76,84,660/- was determined along with a tax refund at I...

...single line grievance that the documents seized by an authorised officer under Section 37A was later set aside by the competent authority, as he found that there is no prima facie violation of ... 1/4 No.58/2021 and 61/2021 both dated 24.11.2021 on the file of the second respondent under Section 132(3) ...Tax Act, copies of authorisation which have not been provided, quash the same as being illegal, arbitrary and without any authority of law and consequentially directing the second respondent to abstain...

...seizure order under section 37A of FEMA was passed by the Enforcement Directorate. On 11/08/2022, an order under section 281B of the Act was passed by the Ld. A...relevant for AY 2020-21 as follows:- a) The applicant/assessee filed its return of income under section 139(1) of the Act for AY 2020-21...; Page 7 of 33 a) The applicant/assessee filed its return of income under section 139(1) of the Act for ...