For enforcing the provisions of various sections of FEMA,
1999, the officers of Enforcement Directorate of the level of
Assistant Director and above will have to undertake the following
functions
- Collection and development of intelligence/information.
- Keeping surveillance over suspects.
- Searches of persons/vehicles by provisions of Income-tax
Act, 1961.
- Searches of premises as per provisions of Income-tax Act,
1961.
- Summoning of persons for giving evidence and producing
of documents as per provisions of Income-tax Act, l96l.
- Power to examine persons as per provisions of Income-tax
Act,1961.
- Power to call for any information/document as per provisions
of Income-tax Act, 1961.
- Power to seize documents etc. as per provisions of Income-tax
Act, 1961.
- Custody of documents as per Income-tax Act, 1961.
- Adjudication and appeals - Officers of and above the rank
of Dy Director of Enforcement, are cases of contravention
of the provisions of the Act; these proceedings which are
quasi-judicial in nature, start with the issuance of show
cause notice; in the event of cause shown by the Notice-not
being found satisfactory, further proceedings are held,
vis. personal hearing, in which the noticee has a further
right to present his defence, either in person or through
any authorised representative; on conclusion of these proceedings,
the adjudicating authority has to examine and consider the
evidence on record, in its entirety and in case the charges
not being found proved, the noticee is acquitted, and in
the event of charges being found substantiated, such penalty,
as is considered appropriate as per provisions of section
13 of the Act can be imposed, besides confiscation of amounts
involved in these contraventions.
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