2017 (4) TMI 305

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....that the appeal filed by the appellant may be posted before a Bench comprising of the Hon'ble Chairperson/Legal Member and in the absence of which the appeal of the appellant be adjourned to such further date and to pass further orders as the Hon'ble Tribunal may deem appropriate in the facts and circumstances of the case. 2. The application inter alia refers to the provisions of Sections 25, 27, 28 & 33 of the PMLA providing for establishment of the Appellate Tribunal, its composition, qualification for appointment as Chairperson and Members, etc. It has been stated in the application that while deciding the appeal against the order of the Adjudicating Authority, the Chairperson/Members of the Tribunal exercise their powers and decid....

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.... Appellate Tribunal under the PMLA, the appellant would still like to continue with the application or withdraw it. 4. The learned counsel for the appellant/applicant has today stated that though he had sought instructions in the matter from his client, he has not received any instructions to withdraw the application. Accordingly, he was asked to make his submissions in the matter. During the course of his submissions, he referred to the provisions of the Section 28 of the Act providing for the qualifications for appointment of Chairperson and Members in the Appellate Tribunal. To a query of the Bench as to how a provision of the Act which had already been repealed by the Finance Act of 2016, (28 of 2016) w.e.f. 1-6-2016 could be pres....

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....it is now provided that the Appellate Tribunal constituted under sub-section (1) of Section 12 of Smugglers and Foreign Exchange Manipulators, (Forfeiture of Property) Act, 1976 (13 of 1976) (SAFEMA, for short) shall function as the Appellate Tribunal for hearing appeals against the order of the Adjudicating Authority and the other authorities under the PMLA. Pertinently, sub-section (6) of Section 12 of SAFEMA specifically provides for constitution of single Member or two Member Benches by the Chairman of the Appellate Tribunal and for such Benches to exercise the powers and functions of the Appellate Tribunal. In the light of the above, the subject application is without any merit also. 6. The submissions of both sides as above were....