Undisclosed foreign asset classification requires an unexplained source; unrebutted affidavits and corroborative evidence defeated the Black Money Act...
Specialized Investment Fund distribution now requires dedicated certification, while transitional recognition preserves existing qualified distributor...
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The adjudicating authority can proceed with adjudication u/s 16(1) of FEMA during the pendency of an appeal against an order passed u/s 37A(1). Section 37A deals with interim seizure of value equivalent situated within India of foreign exchange, foreign security, or immovable property during adjudication proceedings. The functions of the adjudicating authority, authorized officer, and competent authority are distinct. The writ against a show cause notice is not entertainable once adjudication proceedings are completed. The adjudicating authority must pass appropriate directions in the adjudication order regarding further actions concerning seizure u/s 37A(1). The interim seizure order u/s 37A(1) does not have implications for the final order passed by the adjudicating authority u/s 16.
The adjudicating authority can proceed with adjudication u/s 16(1) of FEMA during the pendency of an appeal against an order passed u/s 37A(1). Section 37A deals with interim seizure of value equivalent situated within India of foreign exchange, foreign security, or immovable property during adjudication proceedings. The functions of the adjudicating authority, authorized officer, and competent authority are distinct. The writ against a show cause notice is not entertainable once adjudication proceedings are completed. The adjudicating authority must pass appropriate directions in the adjudication order regarding further actions concerning seizure u/s 37A(1). The interim seizure order u/s 37A(1) does not have implications for the final order passed by the adjudicating authority u/s 16.
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