9911796707
TMI Blog2023 (9) TMI 1559X X X X Extracts X X X X X X X X Extracts X X X X ..... took refuge in India in 1992 as they were being persecuted and tortured in Pakistan for being Hindus. The appellant came with his family 26 years ago to settle permanently on political asylum. HELD THAT:- As per background in which the appellant arrived in India with his family, grant of long-term visa to him by the Government of India followed eventually by grant of full citizenship as a naturalized citizen. The fact that there was no absolute bar on a Pakistani citizen acquiring property in India and the only requirement was to obtain permission. The fact that the amount of original penalty of Rs. 3,00,000/- imposed upon him and his son was duly paid, and the intended purpose of the legislation in question (FEMA, 1999) which was to conso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egulation 7 of the Foreign Exchange Management (Acquisition and Transfer of Immovable Property In India) Regulations, 2000. 2. The relevant facts of the case are that the appellant was a citizen of the Islamic Republic of Pakistan, and held a passport of that country. He purchased an immovable property in Dehradun, Uttarakhand, India, i.e., a shop admeasuring 203 sq. ft. in Peepal Mandi, Dehradun for a consideration of Rs. 1 lakh in 2000. Before acquiring the aforesaid immovable properties, the appellant did not take any permission from the Reserve Bank of India (RBI) or any other government body as required under regulation 7 of the Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations, 2000. 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the documents submitted by the respondents. 7. Accordingly, de novo adjudication proceedings were held. The Learned Adjudicating Authority, while holding that there was no case for confiscation of the property under section13(2) of FEMA, 1999, imposed a further penalty of Rs. 50,000/- on the appellant, Shri Rajkumar Malhotra. 8. Aggrieved by the said order, the appellant filed an appeal under section 17 of FEMA before the learned Special Director(Appeals) challenging the order of the Adjudicating Authority. The Learned Special Director (Appeals), through a detailed speaking order passed on 22-9-2022, upheld the order of the Adjudicating Authority and dismissed the appellant's appeal. It is this order of the Learned Special Director (Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y on him are as follows: That the appellant was granted citizenship of India on 15-2-2017 and a certificate of naturalization was issued by the Ministry of Home Affairs under the Citizenship Act, 1955 on that date. In view of this, he submits, the adjudicating authority ought to have considered that the transaction pertaining to the purchase of the immovable property has been automatically regularised and the appellant cannot be treated as a Pakistani national for the purpose of FEMA regulations That there was no involvement of any foreign exchange in the instant case as the properties were purchased in India with the help of relatives who lived in India and through money earned in India. FEMA, 1999 was enacted to deal with violations perta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions put forward on behalf of the appellant. it is submitted that at the relevant time the appellant was not a citizen of India but citizen of Pakistan and ignorance of law cannot be a defence. It is also contended that the order of the Adjudicating Authority which has been upheld by the learned Special Director(Appeals) was reasonable and fair in so far as the learned appellate authority did not find any merit in the proposal for confiscation under section 13(2) of FEMA, 1999,but merely imposed a further penalty upon the Appellant. 11. We have given careful consideration to the facts before us and the rival contentions of the parties. Considering the totality of facts before us, including the background in which the appellant arrived in In ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
