VidhiSangh

Supreme Court of India · 29/01/2019

FERA versus M/S. PREMIER LIMITED (FORMERLY PREMIER AUTOMOBILES LTD.) & ORS.

[2019] 2 S.C.R. 551 · 2019 INSC 102

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

An appeal filed after FERA’s repeal against an adjudication order under Section 51 FERA lay to the Appellate Tribunal under FEMA, rather than the Special Director (Appeals). The same appellate forum governed appeals pending at repeal and later appeals arising from saved FERA proceedings. The High Court’s contrary ruling was reversed and the appeals transferred for decision on merits.

Issues

  1. Which FEMA appellate forum had jurisdiction over post-repeal appeals against adjudication under Section 51 FERA in proceedings begun before repeal.

Provisions considered

Held

Result

Union’s appeal allowed; High Court order set aside. The specified appeals before the Special Director (Appeals) transferred to the concerned FEMA Appellate Tribunal for disposal on merits according to law.

Judgment PDF: Supreme Court of India, [2019] 2 S.C.R. 551.