Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4782
Join Channel
TaxTMI 
