Limitation under FEMA governs belated appeals filed before the FEMA Tribunal, with delay condonable on sufficient cause.

An appeal filed under the Foreign Exchange Management Act, 1999 arising from a cause under the repealed Foreign Exchange Regulation Act, 1973 was governed by the limitation and condonation framework in FEMA, because the right of appeal is substantive but the filing procedure and limitation period are procedural. The repeal and saving clause preserved liabilities and pending proceedings, yet the appeal was presented before the Appellate Tribunal constituted under FEMA, so the limitation attached to that forum applied. The Tribunal's power under the proviso to Section 19(2) to condone delay on sufficient cause was not restricted by the ninety-day ceiling in the repealed Act.

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Issues: Whether a belated appeal filed under the Foreign Exchange Management Act, 1999 arising from a cause of action under the Foreign Exchange Regulation Act, 1973 was governed by the limitation under the repealed Act or by the limitation and condonation provision in the Foreign Exchange Management Act, 1999.

Analysis: The right of appeal is substantive, but the manner of filing the appeal and the period of limitation are procedural. A procedural provision ordinarily applies to pending or future proceedings unless a contrary intention appears. The repeal and saving clause in the Foreign Exchange Management Act, 1999 preserved liabilities and proceedings under the repealed enactment, but the appeal in question was filed before the Appellate Tribunal constituted under the Foreign Exchange Management Act, 1999 and not before the old Appellate Board. The limitation attached to the forum in existence when the appeal was filed therefore governed the appeal. The Tribunal's power under the proviso to Section 19(2) of the Foreign Exchange Management Act, 1999 was not cut down by the ninety-day ceiling found in the repealed Act.

Conclusion: The appeal was required to be considered under Section 19(2) of the Foreign Exchange Management Act, 1999, and the Tribunal had jurisdiction to condone delay on sufficient cause being shown; the contrary view was unsustainable.

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