ABU MOOSA AND CO. Vs. UNION OF INDIA

JUDGEMENT

(1.) ADMIT . Respondents waive service. By consent, the appeals are heard finally. These appeals challenge the orders, dated 13th March 2009 and 23rd April 2010 passed by the Appellate Tribunal for Foreign Exchange, New Delhi. The appeals are filed by the Appellants before us under Section 35 of the Foreign Exchange Management Act, 1999. ("FEMA" for short).

(2.) THE Tribunal dismissed the main appeals and Review Petition Nos. 117 and 118 of 2009 in Appeal Nos. 177 and 178 of 2005. All these were instituted by the appellants before us.

(3.) THE case of the appellant is that it is a partnership firm constituted under the partnership deed, dated 1st December 1984 as amended by subsequent deed executed on 1st April 1992. Mrs. Mehmooda Moosa, Mrs. Sharifa Haji Ebrahim and Mrs. Asma Aboobakar are the partners. Mrs. Sharifa Haji Ebrahim expired on or about 29th July 1997 and in view of the desire of Mrs. Asma Aboobakar to retire from the partnership firm with effect from 1st September 1997, a deed of admission -cum -retirement was executed on or about 1st September 1997. That is how the appellants' partnership firm consists of Mrs. Mehmooda Moosa, Mr. Aboobakar Haji Ebrahim and Mr. Haji Ebrahim Suleman.