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AT held that contravention of Section 6(3)(b) of FEMA read with Para 8 of Schedule I to the 2000 Regulations stood established, as the managing director was responsible for the company's affairs during the relevant period and was thus liable under Section 42(1) FEMA. AT rejected the contention that lack of mens rea or absence of loss to Government or stakeholders negated liability, noting that Section 13(1) does not require mens rea. However, considering subsequent resignation and proportionality, AT reduced the penalty, adjusting the pre-deposit, and partly allowed the appeal.
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