Deductibility for charitable donations affirmed where payments to approved relief funds, even if CSR-driven, qualify under the donation deduction sche...
Mis-declaration in import descriptions must be deliberate to justify confiscation; withheld contemporaneous import documents invalidate value redeterm...
Liability for EPCG export shortfall: duty and interest sustained, but confiscation and penalties quashed where no fraud and causes beyond importer con...
Under FEMA, the meaning of "person resident in India" turned on residence for more than 182 days in the preceding financial year read with the purpose of stay. Because the respondents were in India on business visas and were carrying on business, they did not fall within the exclusionary limb of the definition, so they were treated as residents in India. As a result, the regulations governing persons resident outside India did not apply to their purchase of immovable property, and the Tribunal's setting aside of confiscation and penalty was upheld; no perversity in its findings was shown. The connected writ petition was disposed of as infructuous.
Under FEMA, the meaning of "person resident in India" turned on residence for more than 182 days in the preceding financial year read with the purpose of stay. Because the respondents were in India on business visas and were carrying on business, they did not fall within the exclusionary limb of the definition, so they were treated as residents in India. As a result, the regulations governing persons resident outside India did not apply to their purchase of immovable property, and the Tribunal's setting aside of confiscation and penalty was upheld; no perversity in its findings was shown. The connected writ petition was disposed of as infructuous.
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