Appellate forum under FEMA governs FERA appeals filed before or after 1-6-2000, with restoration to the Tribunal.

Appeals arising from orders under Section 51 of the Foreign Exchange Regulation Act were held to lie before the Appellate Tribunal under FEMA, regardless of whether they were filed before or after 1-6-2000. The binding precedent treated the forum issue as settled, so the impugned order could not stand because the appeal had to be heard by the correct appellate forum. The matter was therefore restored to the Tribunal for determination on merits by the proper authority.

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Issues: Whether appeals arising from an order passed under Section 51 of the Foreign Exchange Regulation Act were required to be heard by the same appellate forum, namely the Appellate Tribunal under FEMA, irrespective of whether they were filed before or after 1-6-2000.

Analysis: The issue was treated as no longer res integra in view of the binding precedent holding that the appellate forum for appeals arising from orders under Section 51 of the Foreign Exchange Regulation Act must be the Appellate Tribunal under FEMA, whether the appeals were instituted before or after 1-6-2000. On that basis, the impugned order could not stand and the matter had to be restored to the Tribunal for decision by the correct forum.

Conclusion: The issue was answered in favour of the appellant, the impugned order was set aside, and the appeal was restored to the Tribunal.

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