Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
Electronic records and proforma invoices recovered from...
Unlawful outward remittances via Hawala using proforma invoices and electronic records proved; documents admitted, directors penalised, penalties reduced
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
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
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4823 
Join Channel 
