In Brief
A foreign exchange violation notice was issued to Godrej Industries and its two directors in 1991 under FERA for alleged contraventions in 1977-78 imports/exports. An adjudication order imposing a penalty of Rs. 15.5 lakhs was passed in 2003, after FERA's repeal and replacement with FEMA in 2000. The respondents appealed to the Special Director (Appeals) under FEMA Section 17, but that officer dismissed the appeals as unmaintainable, holding he lacked jurisdiction. The High Court quashed this, finding the appeals maintainable before the Special Director. The Supreme Court reversed the High Court, holding that appeals against FERA Section 51 orders must proceed to the Appellate Tribunal under FEMA Section 19, not the Special Director, regardless of when filed, to avoid creating two separate appellate forums for identical violations.
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