Tariff classification of vehicle gear components follows the specific gearing entry, displacing motor-vehicle parts classification and related liabili...
Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Specified regulatory authority income receives conditional tax exemption, subject to non-commercial activity, unchanged income character, and return f...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return-filing...
Under FEMA, section 13(1) prescribes a maximum penalty but neither fixes a penalty nor sets a minimum. Penalty quantum therefore lies within the adjudicating authority's judicial discretion, to be exercised on the facts and evidence. The Tribunal's discussion states that a reasoned penalty order based on the record should not be enhanced unless the Directorate demonstrates that the penalty was inadequate or that discretion was improperly exercised. In the stated context of a company director's penalty for foreign-exchange remittance contraventions, the Tribunal found no basis to interfere with the original quantum and dismissed the enhancement appeal.
Under FEMA, section 13(1) prescribes a maximum penalty but neither fixes a penalty nor sets a minimum. Penalty quantum therefore lies within the adjudicating authority's judicial discretion, to be exercised on the facts and evidence. The Tribunal's discussion states that a reasoned penalty order based on the record should not be enhanced unless the Directorate demonstrates that the penalty was inadequate or that discretion was improperly exercised. In the stated context of a company director's penalty for foreign-exchange remittance contraventions, the Tribunal found no basis to interfere with the original quantum and dismissed the enhancement appeal.
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