1992 (9) TMI 387 - AT - FEMA

Summary

Issues: Condonation of delay and waiver of pre-deposit of penalty

The judgment by the Appellate Tribunal of the Foreign Exchange Regulation Appellate Board dealt with the issue of condonation of delay and waiver of pre-deposit of a penalty imposed on the appellant. The relevant section 52(2) of the Foreign Exchange Regulation Act, 1973 was cited, emphasizing the time limit for filing an appeal and the Board's power to entertain appeals beyond the initial period. The Board clarified that it does not have the authority to condone delays beyond 90 days. In this case, the appellant received the adjudication order on 10-3-1990 and the appeal was received by the Board on 11-6-1990, exceeding the 90-day limit. The appellant argued that the appeal was dispatched on 7-6-1990, within the time limit if counted from the date of dispatch. However, discrepancies arose regarding the actual dispatch date, with the written submission stating 9-6-1990. The Board held that the date of receipt by the Registry is crucial for calculating the limitation period under section 52(2). Since the appeal reached the Board on 11-6-1990, it was filed beyond the 90-day limit, rendering the issue of dispatch date irrelevant. Despite the provision to condone delays up to 45 days, the Board emphasized that no condonation is permissible beyond 90 days. Consequently, the appeal was dismissed as time-barred.

This judgment underscores the strict adherence to statutory timelines for filing appeals under the Foreign Exchange Regulation Act, 1973. It highlights the significance of the date of receipt by the Registry in determining the commencement of the limitation period, emphasizing the need for appellants to ensure timely submission. The Board's interpretation of the statutory provisions regarding condonation of delays up to 90 days serves as a reminder of the limitations on the Board's discretion in such matters. The case exemplifies the importance of procedural compliance and the consequences of failing to meet statutory deadlines in appellate proceedings.