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of <h1>Court orders refund of seized items, penalty, and costs to petitioner within specified period</h1> <h3>Subir Ghosh Versus Union of India</h3> Subir Ghosh Versus Union of India - 2016 (343) E.L.T. 53 (Cal.) Issues:Implementation of Foreign Exchange Appellate Tribunal order, refund of penalty and seized items, condonation of delay in filing appeal under FEMA.Implementation of Foreign Exchange Appellate Tribunal Order:The petitioner sought implementation of an order of the Foreign Exchange Appellate Tribunal in Appeal No. 274 of 1994. The Tribunal had imposed a penalty and confiscated seized currency and certificates. The petitioner filed an appeal under FERA, which was partially allowed, reducing the penalty amount. Despite representations, the balance penalty deposited was not refunded. The Court noted the dismissal of an appeal filed by the Union of India under FEMA, thereby directing the concerned respondents to refund the proceeds of the seized items and penalty within a fortnight.Refund of Penalty and Seized Items:The Enforcement Directorate had seized various currencies and certificates from the petitioner's premises. An order of adjudication imposed a penalty and confirmed the confiscation. The Appellate Tribunal partially allowed the appeal, reducing the penalty amount and setting aside the confiscation of certain items. The Court ordered the refund of the seized items, penalty amount, and interest as per FERA provisions within a specified period.Condonation of Delay in Filing Appeal under FEMA:The respondents filed a belated appeal under FEMA in the High Court along with an application for condonation of delay. A Special Bench was constituted to decide on the condonation of delay issue, but due to a transfer, the matter was not heard. The Special Bench's judgment clarified that delay exceeding 60 days could not be condoned under the Limitation Act. Subsequently, the Division Bench dismissed the appeal filed under FEMA, emphasizing the need to comply with the Appellate Tribunal's order. The Court directed the refund of the seized items, penalty, and costs to the petitioner.
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