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Unlawful outward remittances via Hawala using proforma invoices and electronic records proved; documents admitted, directors penalised, penalties reduced
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Electronic records and proforma invoices recovered from appellants' devices satisfy FEMA Section 39(i)-(b) requirements because they were seized under the Customs Act, used in FEMA adjudication, and corroborated by intercepted consignments and admissions - evidence admissible and relied upon (outcome: documents admitted). Payments routed overseas via Hawala and admissions of mis-declaration establish contravention of FEMA Section 3(b) for unlawful outward remittances (outcome: penalty sustained for Hawala payments). Three directors were held liable under Section 42 as de facto controllers of the proprietorship (outcome: directors penalised). Penalty quantum was reduced on grounds of prior payment of differential duty with interest and financial hardship (outcome: reduced penalties). - AT
Electronic records and proforma invoices recovered from appellants' devices satisfy FEMA Section 39(i)-(b) requirements because they were seized under the Customs Act, used in FEMA adjudication, and corroborated by intercepted consignments and admissions - evidence admissible and relied upon (outcome: documents admitted). Payments routed overseas via Hawala and admissions of mis-declaration establish contravention of FEMA Section 3(b) for unlawful outward remittances (outcome: penalty sustained for Hawala payments). Three directors were held liable under Section 42 as de facto controllers of the proprietorship (outcome: directors penalised). Penalty quantum was reduced on grounds of prior payment of differential duty with interest and financial hardship (outcome: reduced penalties). - AT
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