Module: | Penalties, Adjudication and Sections
Q16: Which of the following statements, correctly describe the enforcement and appellate structure under FEMA?
1. The Directorate of Enforcement (ED), is the primary agency responsible for investigating contraventions, and enforcing the provisions of the Act.
2. Appeals against orders passed by an Adjudicating Authority, lie first to the Special Director (Appeals) in specific cases, rather than directly to the High Court.
3. SEBI is the primary agency, for investigating foreign exchange violations by private limited companies.
4. All appeals against FEMA penalties, must go directly to the Supreme Court of India.
2. Appeals against orders passed by an Adjudicating Authority, lie first to the Special Director (Appeals) in specific cases, rather than directly to the High Court.
3. SEBI is the primary agency, for investigating foreign exchange violations by private limited companies.
4. All appeals against FEMA penalties, must go directly to the Supreme Court of India.
✅ Correct Answer: A
The Directorate of Enforcement (ED) is the specialized agency for investigating FEMA violations.
The appellate hierarchy is structured: typically, an order by an Adjudicating Authority is appealed first to the Special Director (Appeals) or the Appellate Tribunal, depending on the officer's rank.
One cannot skip these levels to go directly to the High Court or Supreme Court.
SEBI regulates securities markets, not foreign exchange violations.
The appellate hierarchy is structured: typically, an order by an Adjudicating Authority is appealed first to the Special Director (Appeals) or the Appellate Tribunal, depending on the officer's rank.
One cannot skip these levels to go directly to the High Court or Supreme Court.
SEBI regulates securities markets, not foreign exchange violations.