Petition dismissed; petitioner allowed to submit detailed disclosures and documents for re-consideration; notices for 2019-23 may be adjudicated on me...
Confiscation and duty recovery quashed where licensing records show export obligation discharged; customs lacks jurisdiction absent licence annulment ...
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AT dismissed the appeal and upheld the Adjudicating Authority's penalty. The Tribunal found that the AA evaluated evidence and exercised lawful discretion under Section 13(1) of FEMA, which prescribes a maximum penalty up to thrice the sum involved, rather than an obligatory maximum. The appellant failed to demonstrate that the imposed penalty was arbitrary, disproportionate, or that the AA failed to consider material facts; absent such showing, interference was unwarranted. The Tribunal accordingly affirmed the adjudication order in all material respects and dismissed the appeal.
AT dismissed the appeal and upheld the Adjudicating Authority's penalty. The Tribunal found that the AA evaluated evidence and exercised lawful discretion under Section 13(1) of FEMA, which prescribes a maximum penalty up to thrice the sum involved, rather than an obligatory maximum. The appellant failed to demonstrate that the imposed penalty was arbitrary, disproportionate, or that the AA failed to consider material facts; absent such showing, interference was unwarranted. The Tribunal accordingly affirmed the adjudication order in all material respects and dismissed the appeal.
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