Calcutta High Court
M/S. Transcorp International Ltd vs Union Of India & Ors on 9 September, 2009
Author: Subhro Kamal Mukherjee
Bench: Subhro Kamal Mukherjee
GA No.2419 of 2009
FEA No. 26 of 2009
IN THE HIGH COURT AT CALCUTTA
Special Jurisdiction
[Income Tax]
ORIGINAL SIDE
M/S. TRANSCORP INTERNATIONAL LTD.
Versus
UNION OF INDIA & ORS.
For Appellant/Petitioner : Mr. S. Talukdar,
Mr A.Chatterjee,
Mr. S. Mukherjee, and
Mr.B. Das,
BEFORE:
The Hon'ble JUSTICE SUBHRO KAMAL MUKHERJEE
The Hon'ble JUSTICE SANKAR PRASAD MITRA
Date : 9th September, 2009.
This appeal will be heard on the following substantial
question of law:
In view of the clear language of sub-Section (3) of
Section 49 of the Foreign Exchange Management Act, 1999
whether the adjudicating authority substantially erred
in law in entertaining the complaint initiated by the
authorities against the assessee alleging contravention
under Section 51 of the repealed act after expiry of a
period of two years from the date of commencement of the
said Act, 1999?
Call for records. Issue usual notices.
2
None appears on behalf of the respondents.
The appellant is directed to put in requisite for effecting service of notices of the appeal as also the application for stay on the respondents by registered post with acknowledgement due. Let such requisite be put in by ten days from this date.
The office is directed to issue notices of appeal as also the application for stay on the respondents immediately on receipt of such requisite.
The appellant is directed to prepare and file requisite number of informal paper books, printed, typewritten or cyclostyled, as the case may be, out of Court, within one month after reopening of the Court after long vacation.
Put up the application for stay in the list one month after reopening of the Court after long vacation.
The respondents are restrained by an order of injunction from taking any coercive action against the appellant/petitioner for not depositing the balance amount of penalty upto October 31, 2009 with liberty to the appellant/petitioner to apply for extension of the interim order on the self-same application upon notice to the other side.
Department and all parties concerned are to act on a signed xerox copy of this order on the usual undertakings.
[Subhro Kamal Mukherjee, J. ] [Sankar Prasad Mitra, J. ] sm.
AR[CR]