Analysis of Supreme Court Judgement in Maars Software International Ltd. & Anr. vs. Union of India & Ors.

The High Court should take into consideration the material placed by the appellants with the Tribunal to decide as to whether it is relevant or/and sufficient, and whether it could justify the appellants’ case as contemplated under Section 8 of FEMA.

Keeping in view the observations made by the High Court in Para 15, it is clear that the High Court did not examine the case of the parties in the context of material placed by the appellants, though the Tribunal in Para 29 of its order has considered the said material. In our view, the High Court should have taken into consideration the said material with a view to decide   as   to   whether   it   was   relevant   or/and sufficient, and whether it could justify the appellants’ case as contemplated under Section 8 of FEMA.

Instead, the High Court seemed to have proceeded on wrong assumption that since the appellants did not file any material, a case was made out against them. This observation of the High Court, in our view, was contrary to the record of the case and hence, interference in the impugned order is called for. In view of the foregoing discussion, we are of the view that   the proper course in such a case would be to remand the case to the High Court and request the High Court to decide the appeal afresh on merits in accordance with law.

Judgement link : https://www.sci.gov.in/supremecourt/2017/35062/35062_2017_Judgement_22-Apr-2019.pdf