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        Case ID :
        FEMA

        Whether penalty under s.13(1) FEMA for contravention relating to...

        Export proceeds undervaluation under FEMA s.13(1) penalty amount upheld; bid to enhance up to three times rejected.

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                Whether penalty under s.13(1) FEMA for contravention relating to export proceeds/undervaluation should be enhanced up to three times was rejected because the provision prescribes only a maximum ceiling and no minimum or fixed penalty, leaving quantum to the adjudicating authority's judicious discretion based on facts and evidence. The adjudication order contained detailed, reasoned findings evaluating the record, and there is no statutory mandate to impose the maximum penalty merely because it is permissible. Consequently, the request for enhancement failed and the appeal was dismissed. - AT
                                Note: It is a system-generated summary and is for quick reference only.
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