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TMI Blog2018 (9) TMI 1150X X X X Extracts X X X X X X X X Extracts X X X X ..... Coming to the Appellate Tribunal’s power, Section 37(A)(5) clearly mentions that any person aggrieved by any order passed by the Competent Authority under Section 37(A)(3) may prefer an appeal to the Appellate Tribunal. Hence, the Appellate Tribunal jurisdiction is limited only to the orders passed by the Competent Authority under Section 37(A)(3). He does not have any original jurisdiction to get into any issues which have not been dealt by the original authority or are subsequent developments to the passing of the order by the Competent Authority. The law is very clear in as much as the Competent Authority has the power only to confirm or otherwise, the seizure done under Section 37(A)(1). The Appellate Tribunal’s powers are only li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ursuant to the sale of their property in UK by the step down subsidiary by a contract of sale dated 08.06.2018. The foreign exchange was repatriated back on 28.06.2018. He relied on the Axis Bank, Vadodra, Gujarat Branch, statement of account from 25.06.2018 to 29.06.2018. ii. That as per Section 37(A)(4) proviso, if at any stage of the proceedings under this Act, the aggrieved person discloses the fact of such foreign exchange, foreign security or immovable property and brings back the same into India, then the Competent Authority or the Adjudicating Authority as the case may be on receipt of an application in this regard from the aggrieved person shall pass an appropriate order as it deems fit, including setting aside of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e seizure order passed by the Competent Authority will continue till the disposal of adjudication proceedings and hence the appellants will have a chance to represent their case with regard to the subsequent developments, subsequent to the passing of the order dated 18.05.2018 by the Competent Authority before the Adjudicating Authority. Moreover, Section 37(A)(4) proviso gives the power only to the Competent Authority or the Adjudicating Authority and the Appellate Tribunal has not been given that power. With regard to the powers of review, the Appellate Tribunal has the power to review its own orders only, as per Section 28(2)(f) of FEMA. His further submission was that FEMA being a special law, the judgment quoted by the appellants which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... seize value equivalent situated within India. In the present case, the provisions of sub- Section 1 of Section 37(A) has led to the issue of seizure order 01/2017 dated 08.12.2017, which was confirmed by the impugned order dated 18.05.2018. A reading of the proviso would therefore make it clear that the CA or Adjudicating Authority has the power to deal with this seizure order only, and not review its own order once passed under Section 37(A)(3). Hence, the contention of the appellant that it has the powers to review, is not borne out by this legal provision. Coming to the Appellate Tribunal s power, Section 37(A)(5) clearly mentions that any person aggrieved by any order passed by the Competent Authority under Section 37(A)(3) may prefe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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