Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
Ex-post-facto approval by the competent authority regularized prior failure to obtain prior RBI approval for the share transfer, nullifying contraventions under the FEMA transfer/issue regulations as against the two appellants - penalties imposed on those appellants are set aside. Separately, on the distinct issue of alleged contravention of Section 3(c) of FEMA, the appellant failed to establish lawful source of funds; the ex-post-facto approval did not relieve compliance with other FEMA conditions, therefore the penalty for the Section 3(c) breach is sustained against that appellant. The pre-deposit previously directed shall be adjusted against the upheld penalty. - AT
Ex-post-facto approval by the competent authority regularized prior failure to obtain prior RBI approval for the share transfer, nullifying contraventions under the FEMA transfer/issue regulations as against the two appellants - penalties imposed on those appellants are set aside. Separately, on the distinct issue of alleged contravention of Section 3(c) of FEMA, the appellant failed to establish lawful source of funds; the ex-post-facto approval did not relieve compliance with other FEMA conditions, therefore the penalty for the Section 3(c) breach is sustained against that appellant. The pre-deposit previously directed shall be adjusted against the upheld penalty. - AT
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