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    <title>2008 (6) TMI 646 - APPELLATE TRIBUNAL FOR FOREIGN EXCHANGE, NEW DELHI</title>
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    <description>Revisional petitions under Section 52(4) were maintainable because no prescribed limitation governed the power, though it had to be exercised within a reasonable time, and the title-description defects were only technical misdescription. The exoneration order could not stand because, under Section 18(2) and Section 18(3) read with Rule 8 of the Foreign Exchange Regulation Rules, the authority had to examine whether export proceeds were realised and whether the exporters had taken reasonable steps to repatriate them; the rebuttable presumption of non-compliance was not properly addressed. The order was set aside and the matter remitted for fresh adjudication.</description>
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      <link>https://www.taxtmi.com/caselaws?id=457535</link>
      <description>Revisional petitions under Section 52(4) were maintainable because no prescribed limitation governed the power, though it had to be exercised within a reasonable time, and the title-description defects were only technical misdescription. The exoneration order could not stand because, under Section 18(2) and Section 18(3) read with Rule 8 of the Foreign Exchange Regulation Rules, the authority had to examine whether export proceeds were realised and whether the exporters had taken reasonable steps to repatriate them; the rebuttable presumption of non-compliance was not properly addressed. The order was set aside and the matter remitted for fresh adjudication.</description>
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