amazon: ED: Physical presence not needed in Amazon case – Times of India

NEW DELHI: Enforcement Directorate (ED) on Wednesday told Delhi high court that in view of Covid surge, it will not insist for the time being on physical appearance of people in connection with its probe against an Amazon subsidiary under the Foreign Exchange Management Act (Fema).
The assurance came by additional solicitor general (ASG) S V Raju, appearing for the central agency on petitions by Amazon Wholesale (India) and Amazon Seller Services, challenging the jurisdiction of the ED and its officers to investigate in relation to Amazon’s arbitration with the Future Group.
Justice Rekha Palli listed the case for further hearing on January 12 and asked the senior lawyer for the agency to “advise officers that if they want any information, they will do so through video conferencing”. “Because of Covid, we will hold our hand (on insistence on physical appearance),” assured the ASG.
The court said it “would not comment” on information being sought by the agency in the investigation or ask the agency to “hold its hand” in matters of probe. Senior advocate Sidharth Luthra, appearing for Amazon Wholesale, contended that ED’s investigation is beyond the scope of its power under Fema and that it could not seek details with respect to the legal opinions sought by the company. He clarified that his client had nothing to do with the deal between Amazon and Future , and urged the court to direct the agency to hold its hand till the next date of hearing.

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