Proceeds of crime: provisional attachment confirmed; equivalent value attachment and acquisition date fair market value upheld, Covid exclusion preser...
Effective service requirement: officers must explore alternative service modes beyond the GST portal and afford personal hearing; non-compliance voids...
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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