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The AT allowed appeals of three appellants and set aside the impugned order, holding that the Department failed to prove contravention of Section 3(a) of the Foreign Exchange Management Act, 1999. The Tribunal found no admissible evidence of foreign remittance; reliance on police/visa verification and disputed correspondence did not establish actual outward remittance. The Respondent failed to obtain corroborative materials (e.g., bank statements) to discharge the evidentiary burden, and the allegation could not stand on presumption or hypothesis. Claims regarding EURO funds in a foreign trust were unproven. Consequently, the penalty and enhancement sought by the Department were quashed and the appeals of the three appellants were allowed.
The AT allowed appeals of three appellants and set aside the impugned order, holding that the Department failed to prove contravention of Section 3(a) of the Foreign Exchange Management Act, 1999. The Tribunal found no admissible evidence of foreign remittance; reliance on police/visa verification and disputed correspondence did not establish actual outward remittance. The Respondent failed to obtain corroborative materials (e.g., bank statements) to discharge the evidentiary burden, and the allegation could not stand on presumption or hypothesis. Claims regarding EURO funds in a foreign trust were unproven. Consequently, the penalty and enhancement sought by the Department were quashed and the appeals of the three appellants were allowed.
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