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AT dismissed the appeal and sustained the adjudication order imposing penalty under Section 13(1) FEMA for contravention of Section 3(d) involving hawala transfers through overvaluation of imports. The Tribunal held that retracted statements of the appellant and a co-noticee were reliable, being corroborated by documents seized from their premises, including digital records admissible without further formal proof under Section 65B Evidence Act in the circumstances. Denial of cross-examination was held not to have caused prejudice. AT ruled that proceedings under FEMA are independent of any Customs action and that mens rea is not a prerequisite for civil penalty under Section 13(1) FEMA.
AT dismissed the appeal and sustained the adjudication order imposing penalty under Section 13(1) FEMA for contravention of Section 3(d) involving hawala transfers through overvaluation of imports. The Tribunal held that retracted statements of the appellant and a co-noticee were reliable, being corroborated by documents seized from their premises, including digital records admissible without further formal proof under Section 65B Evidence Act in the circumstances. Denial of cross-examination was held not to have caused prejudice. AT ruled that proceedings under FEMA are independent of any Customs action and that mens rea is not a prerequisite for civil penalty under Section 13(1) FEMA.
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