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    Statutory omission does not erase earlier FEMA contraventions; delayed foreign-investment reporting attracts civil penalties without proving intent.
    Natural justice safeguards failed where director ignored repeated notices in export-proceeds adjudication, though penalty was reduced to pre-deposit.
    Equivalent-asset seizure under FEMA covers continuing undisclosed foreign exchange holdings despite retrospective-application and residential-status o...
    Withdrawal of obsolete FEMA circulars streamlines rules on external commercial borrowings, non-resident bond investments, and money transfer sub-agent...
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    Inventory-based e-commerce exports are permitted for Indian-made goods, lifting B2C and inventory-model restrictions for qualifying exports.
    Non-resident bank Rupee accounts: annual branch-list and temporary-overdraft reporting obligations are withdrawn with immediate effect.
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Section 37A seizure of equivalent domestic assets was upheld...

Equivalent-asset seizure under FEMA covers continuing undisclosed foreign exchange holdings despite retrospective-application and residential-status objections.

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FEMA September 11, 2026 Case Laws AT
Section 37A seizure of equivalent domestic assets was upheld where foreign proceedings and control of overseas entities gave reason to believe that foreign exchange derived from those entities remained held abroad in contravention of FEMA. Confirmation of seizure operates as an interim protective measure pending adjudication, particularly where no repatriation or disclosure of the foreign exchange is shown. Applying Section 37A to foreign exchange acquired after its commencement and continuing to be held abroad does not constitute retrospective application. Foreign employment permits alone do not establish non-resident status without evidence of year-wise Indian stay or an intention to remain abroad indefinitely; an administratrix's personal residential status does not determine the Estate's alleged foreign holding.

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Acts Income Tax