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        Companies Law

        2010 (10) TMI 79 - HC - Companies Law

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        Saving clause under foreign exchange law starts with the first show-cause notice, making timely initiation decisive. Adjudication under the repealed foreign exchange law was treated as commencing when the first show-cause notice was issued, because that is the point at ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                          Saving clause under foreign exchange law starts with the first show-cause notice, making timely initiation decisive.

                          Adjudication under the repealed foreign exchange law was treated as commencing when the first show-cause notice was issued, because that is the point at which the adjudicating officer takes notice of the alleged contravention and applies mind to whether proceedings should continue. Read with the saving clause in the later enactment, section 49(3), section 51 of the repealed law and the adjudication rules, the later hearing notice was only a continuation of the same process and not the start of proceedings. As the first notice was issued within the prescribed sunset period, the timeliness objection failed and the proceedings were valid.




                          Issues: Whether adjudication proceedings under the repealed foreign exchange law were initiated within the statutory sunset period by issuance of the first show-cause notice, so as to satisfy the bar under the saving clause in the later enactment.

                          Analysis: Section 49(3) of the later enactment prohibits an adjudicating officer from taking notice of a contravention under the repealed law after expiry of the specified period. Read with section 51 of the repealed law and rule 3 of the adjudication rules, the scheme contemplates that adjudication begins with the initial notice to show cause, which is the stage at which the officer applies mind to the alleged contravention and decides whether proceedings should continue. The later hearing notice is only a further step in the same inquiry and does not mark the first point of initiation. On that construction, the statutory language was treated as clear and not requiring resort to legislative debates. The earlier notice having been issued within the prescribed period, the proceedings were held to be timely.

                          Conclusion: The initiation of proceedings was valid, the sunset-period objection failed, and the appeal was liable to be dismissed.

                          Ratio Decidendi: For the purpose of the saving clause, adjudication under the repealed foreign exchange law is taken to have commenced when the adjudicating officer issues the first show-cause notice under the prescribed rule, because that is the stage at which notice of the contravention is taken.


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                          ActsIncome Tax
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