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TMI Blog2025 (1) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... HAT:- The provisions of the Finance Act, 2015 are quite specific. It provides for amendments to the FEMA Act and by Section 139 of Finance Act, 2015, Section 6 (3) of the FEMA Act stood omitted. The said omission was effective from the date of notification i.e., 15.10.2019. Thus, we notice that the complaint as well as the show cause notice issued to the petitioner were specifically referable to Section 6 (3) (b) of the FEMA Act. It is clear that the complaint itself was made on 25.10.2019 and the show cause notice was issued on 25.02.2020. It is also clear that Section 6 (3) (b) stood omitted by the Finance Act, 2015 as notified on 15.10.2019. In view of the clear language of the omission, the contentions raised by the learned panel counse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Hon'ble Court deems fit in the above circumstances of the case, in the interest of justice and equity. 2. Heard the learned counsel for the petitioner as well as the learned counsel for the respondents. 3. It is submitted by the learned counsel for the petitioner that the short point, which arises for consideration in this writ petition is whether the respondents were justified in initiating proceedings against the petitioner on the basis of provision which stood omitted by the Finance Act, 2015. It is submitted that the complaint had been filed on 25.10.2019 and the proceedings were initiated as against the petitioner alleging violation of Section 6 (3) (b) of the Foreign Exchange Management Act, 1999 (for short FEMA Act) in the year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ward remittances would attract the liabilities under the Act, at the relevant time, the omission of the provision would not make any difference and that the petitioner would be liable for the consequences of such remittances even in spite of the appeal under provisions. 6. Learned Central Government Counsel would also placed reliance on the judgment of the Apex Court in Suborno Bose v. Enforcement Directorate in Civil Appeal No.6267/2020, in support of the said contention. 7. Having considered the contentions advanced, it is noticed that Section 6 (3) (b) of the FEMA Act as is stood before the omission read as follows: Section 6(3) in the Foreign Exchange Mangagement Act, 1999 (3) Without prejudice to the generally of the provisions of sub- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... regard to the liability of a person who was not the director of the company in question at the time when the offence was allegedly committed. The Apex Court held that the liability under the FEMA Act is a continuing liability and that the liability is civil in nature and that therefore learned panel counsel contends that the enactment being civil in nature, the principal of prosecution for an offence under appeal law would not arise in the instant case. It is in the above circumstances that it is contended that Section 6 of the General Clauses Act would apply. 10. Having considered the contentions advanced, we notice that the complaint as well as the show cause notice issued to the petitioner were specifically referable to Section 6 (3) (b) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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