Authority rules B+G+31 service apartment is commercial building construction, not multi-storey residential for tax classification under RERA definitio...
Resale price method upheld for distribution; assessee's margins accepted and certain transfer-pricing adjustments deleted due to documented reimbursem...
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The AT affirms that the Appellant company committed contraventions of FEMA/regulatory provisions relating to foreign inward remittances, reporting and FLA filing obligations and timing of share issue; mens rea, bona fides or absence of quantifiable foreign exchange loss do not absolve liability under FEMA, which is compliance-oriented and penalizes the sum involved in the contravention. The Tribunal rejects delay/limitation objections and concurs with the Respondent that the quantum of the "sum involved" was correctly quantified. In view of the nature and continuity of the contraventions, however, the AT directs the adjudicating authority to substantially reduce the monetary penalty imposed on the company while upholding liability.
The AT affirms that the Appellant company committed contraventions of FEMA/regulatory provisions relating to foreign inward remittances, reporting and FLA filing obligations and timing of share issue; mens rea, bona fides or absence of quantifiable foreign exchange loss do not absolve liability under FEMA, which is compliance-oriented and penalizes the sum involved in the contravention. The Tribunal rejects delay/limitation objections and concurs with the Respondent that the quantum of the "sum involved" was correctly quantified. In view of the nature and continuity of the contraventions, however, the AT directs the adjudicating authority to substantially reduce the monetary penalty imposed on the company while upholding liability.
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