Mis-declaration and Concealment: confiscation affirmed, transaction value re-determined and mandatory penalty sustained; redemption allowed on payment...
Infrastructure facility: energy-efficient public lighting held integral to road projects, qualifying the operator as a developer and eligible for dedu...
Fourth Proviso to Section 153A: extended-period inquiry requires a reasonable, material-based satisfaction that escaped income likely exceeds the thre...
In review proceedings concerning FEMA and TISPRO allegations, the HC reiterated that, where no limitation period is prescribed, whether a show-cause notice was issued within a reasonable period is fact-specific and should be urged before the adjudicating authority, with statutory appellate remedies remaining available under FEMA. It refused to treat prior case law on reassessment or statutory delay as a universal bar to penal proceedings, and held that issues about RBI notification timing, the FDI policy, exit from the company, and the definition of "Group Company" were merits-based and partly fact-disputed. Finding no error apparent in the earlier writ order, the review applications were dismissed.
In review proceedings concerning FEMA and TISPRO allegations, the HC reiterated that, where no limitation period is prescribed, whether a show-cause notice was issued within a reasonable period is fact-specific and should be urged before the adjudicating authority, with statutory appellate remedies remaining available under FEMA. It refused to treat prior case law on reassessment or statutory delay as a universal bar to penal proceedings, and held that issues about RBI notification timing, the FDI policy, exit from the company, and the definition of "Group Company" were merits-based and partly fact-disputed. Finding no error apparent in the earlier writ order, the review applications were dismissed.
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