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    <title>2010 (12) TMI 657 - BOMBAY HIGH COURT</title>
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    <description>Section 49(3) of FEMA bars adjudication on a contravention of the repealed Act after two years from FEMA&#039;s commencement unless the adjudicating officer has taken notice within that period. The court explained that &quot;take notice&quot; means the stage at which the officer applies his mind to the materials and forms a prima facie view before issuing the first show-cause notice under the Adjudication Proceedings and Appeal Rules, 1974. It is not equivalent to service of notice, expiry of the reply period, or criminal-law concepts such as taking cognizance. Section 49(5)(a) does not require service within two years. On this construction, notice was taken in time and the adjudication was valid.</description>
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    <pubDate>Thu, 16 Dec 2010 00:00:00 +0530</pubDate>
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      <title>2010 (12) TMI 657 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=205866</link>
      <description>Section 49(3) of FEMA bars adjudication on a contravention of the repealed Act after two years from FEMA&#039;s commencement unless the adjudicating officer has taken notice within that period. The court explained that &quot;take notice&quot; means the stage at which the officer applies his mind to the materials and forms a prima facie view before issuing the first show-cause notice under the Adjudication Proceedings and Appeal Rules, 1974. It is not equivalent to service of notice, expiry of the reply period, or criminal-law concepts such as taking cognizance. Section 49(5)(a) does not require service within two years. On this construction, notice was taken in time and the adjudication was valid.</description>
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      <pubDate>Thu, 16 Dec 2010 00:00:00 +0530</pubDate>
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