Module: General Practice
Q31: With reference to appeals to the Appellate Tribunal under FEMA, consider the following statements:
The appeal must be filed within a period of 45 days from the date of receipt of the order.
The Appellate Tribunal is bound to dispose of the appeal finally within 180 days from the date of receipt of appeal.
An appeal against the order of the Appellate Tribunal lies to the Supreme Court only.
Which of the statements given above is/are correct?
The Appellate Tribunal is bound to dispose of the appeal finally within 180 days from the date of receipt of appeal.
An appeal against the order of the Appellate Tribunal lies to the Supreme Court only.
Which of the statements given above is/are correct?
✅ Correct Answer: B
Timelines and Forum (Sec 19 & 35): Statement 1 is Correct: The limitation period for filing an appeal to the Tribunal is 45 days. (Tribunal can condone delay if sufficient cause is shown). Statement 2 is Correct: The Act mandates that the Tribunal shall make an endeavor to dispose of the appeal within 180 days.
If not, it must record reasons in writing.
Statement 3 is Incorrect: An appeal against the order of the Appellate Tribunal lies to the High Court (Section 35), not the Supreme Court, and it must be filed within 60 days on a "Question of Law."
If not, it must record reasons in writing.
Statement 3 is Incorrect: An appeal against the order of the Appellate Tribunal lies to the High Court (Section 35), not the Supreme Court, and it must be filed within 60 days on a "Question of Law."