Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
The FEMA (Non-debt Instruments) (Third Amendment) Rules, 2026 expand the relevant investment and transfer permissions from NRIs/OCIs to any individual person resident outside India, while retaining repatriation-based dealings in listed Indian companies and related securities. The amendment also revises Chapter V headings and Schedule III to align the framework with this broader category, subject to existing schedule conditions, Government approval for sensitive sectors, and additional approval where ownership or control would pass to entities or citizens of land-border countries or their beneficial owners. It also tightens portfolio holding limits, requires divestment or reclassification to FDI on breach of the ten per cent cap, and clarifies that interim breach is not a contravention if cured within the prescribed time.
The FEMA (Non-debt Instruments) (Third Amendment) Rules, 2026 expand the relevant investment and transfer permissions from NRIs/OCIs to any individual person resident outside India, while retaining repatriation-based dealings in listed Indian companies and related securities. The amendment also revises Chapter V headings and Schedule III to align the framework with this broader category, subject to existing schedule conditions, Government approval for sensitive sectors, and additional approval where ownership or control would pass to entities or citizens of land-border countries or their beneficial owners. It also tightens portfolio holding limits, requires divestment or reclassification to FDI on breach of the ten per cent cap, and clarifies that interim breach is not a contravention if cured within the prescribed time.
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