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TMI Blog2008 (7) TMI 1104X X X X Extracts X X X X X X X X Extracts X X X X ..... , Member. 2. This appeal is directed against common adjudication order No. SDE(P)/III/102-168/90, dated 26-2-1990 passed by Special Director, Enforcement Directorate imposing lotat penalty of Rs. 2 lakhs on the appellant for the reason of receiving payment locally in India by or under instructions of person resident outside India and also making payment to or for the credit of person resident outs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the contravention, prefer an appeal to the Appellate Board. Provided that the Appellate Board may entertain any appeal after the expiry of the said period of forty-five days, but not after ninety days, from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time : Provided further that where the Appellate Board is of opinion that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ithin which period an arbitral award can be challenged. The Hon'ble Apex Court observed as follows : It is only by virtue of Section 29 of the limitation Act, it operation is excluded to that extent of the area which is covered under the Arbitration Conciliation Act, 1996. Our attention was also invited to the various decisions of this court interpreting sub-section 2 of section 29 Delimitatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 1996 which excludes operation of section 14 of the Limitation Act. These two Acts can be read harmoniously without doing violation to the words used therein, then there is no prohibition in doing so 7. In the light of above discussion this appeal when filed after 90 days from the date of receipt of the impugned order has to be dismissed. This Tribunal is a creature of statute. Therefore, this Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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