Transfer-pricing methodology protects commercially genuine associated-enterprise payments, while pre-2016 secondary adjustments and related notional i...
Negative liens over operating assets can constitute international transactions requiring arm's-length pricing reflecting restricted borrowing and expa...
Cross-examination rights in Customs Broker revocation inquiries require witness examination; procedural denial may be cured through fresh adjudication...
Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
Automated Free Sale and Commerce Certificates enable paperless processing while retaining risk-based manual verification for selected exporter applica...
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The Appellate Tribunal (AT) upheld the Adjudicating Authority's finding that the Appellant contravened Section 3(a) of FEMA for an amount of US$ 99,770, and Sections 3(a) & 3(d) for amounts US$ 5,95,738.4 and RMB 5,78,079.8. However, it set aside the contravention charge for US$ 16,000 based on the Appellant's statement. The AT ordered the release of the seized foreign currency and Indian currency of Rs. 9.29 Lakh, which was not confiscated. It reduced the consolidated penalty imposed on the Appellant for the contraventions to Rs. 15,00,000/- from the disproportionately higher amount, finding it reasonable. The AT directed the principles of natural justice were not violated as the Appellant's cross-examination request was not sustainable under FEMA provisions.
The Appellate Tribunal (AT) upheld the Adjudicating Authority's finding that the Appellant contravened Section 3(a) of FEMA for an amount of US$ 99,770, and Sections 3(a) & 3(d) for amounts US$ 5,95,738.4 and RMB 5,78,079.8. However, it set aside the contravention charge for US$ 16,000 based on the Appellant's statement. The AT ordered the release of the seized foreign currency and Indian currency of Rs. 9.29 Lakh, which was not confiscated. It reduced the consolidated penalty imposed on the Appellant for the contraventions to Rs. 15,00,000/- from the disproportionately higher amount, finding it reasonable. The AT directed the principles of natural justice were not violated as the Appellant's cross-examination request was not sustainable under FEMA provisions.
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