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    Proof of software import is essential for foreign-exchange remittances, and responsible officers may incur vicarious FEMA liability.
    FEMA compliance turns on valid approval, substantive escrow arrangements, officer due diligence, and residential status for repatriation duties.
    Vicarious liability for export proceeds arose from assigned transaction responsibility, while FEMA civil penalty required no mens rea.
    Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
    Penalty discretion under FEMA remains intact where a reasoned order is supported by evidence and inadequacy is unproven.
    Inherent jurisdiction, mandatory FERA notice and speedy-trial protections required quashing of prolonged criminal proceedings.
    Discretionary confiscation under FEMA requires a reasoned factual exercise and is not automatic alongside monetary penalties.
    Special Rupee Vostro Accounts enable INR trade settlement and permissible cross-border transactions under consolidated operational instructions.
    Director liability under FEMA needs proof of responsibility for business; mere designation cannot sustain penalty.
    Deferred import payments treated as foreign exchange borrowing, with directors liable and civil penalty upheld under FEMA.
    FEMA reporting breach and director liability upheld, while penalties were reduced on proportionality grounds despite later circular plea
    Foreign exchange contraventions under FEMA: import remittances sustained, but overlapping penalties on attorney holder deleted
    Vicarious liability for export-proceed penalties requires proof that a director was responsible for company business at contravention.
    FEMA circular review withdraws obsolete directions superseded by later regulatory amendments and overlap under the revised framework.
    FEMA contravention does not automatically void a sale; challenge was barred, while ancestral partition survived.
    FEMA reporting rules rationalised: revised FLM-8, quarterly franchisee disclosures, and several returns discontinued
    Open position computation for AD Cat-I banks excludes hedged FCNR(B) and foreign borrowing transactions under revised RBI directions.
    Compounding of Foreign Contribution offences revised with updated officers, monetary formulas, and non-reopening of closed cases.
    FCRA registration rules tightened with new key functionary, purpose, utilisation, and disclosure requirements for associations.
    SNRR account rules expanded to cover IFSC branches, transfer pathways, and purpose-based non-resident transactions.
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      Section 3(b) contravention was sustained because the provision...

      Foreign exchange contraventions under FEMA: import remittances sustained, but overlapping penalties on attorney holder deleted

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      FEMAJuly 6, 2026Case LawsAT
      Section 3(b) contravention was sustained because the provision prohibits payment to, or for the credit of, a person resident outside India and does not require routing through a non-authorised person; however, the proprietrix's penalty on this count was reduced on the facts. Regulation 6(1) was held inapplicable to an individual resident proprietrix, so the penalty imposed under Section 10(6) read with Regulation 6(1) was deleted. Delayed settlement of import dues was treated as a contravention warranting penalty, but the quantum was substantially reduced for want of adequate pursuit in all respects. Separate penalties on the power of attorney holder were deleted because the attorney acted only as an agent and could not be treated as part of a body of individuals.

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