Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Goods Transport Agency services via e commerce portals: consignment note creates custody and liability and enables exemption for unregistered recipien...
Reverse charge and assignment of royalty collection: exemption for excess royalty collectors subject to reconciliation; leaseholders remain liable und...
A company struck off the register remains liable for its statutory obligations and for payment of previously imposed penalties; the company therefore remains liable even after striking off. Directors can incur continuing personal liability arising from those obligations, and the appeal by the struck-off company was dismissed for failure to comply with the pre deposit requirement under Section 19(1) of FEMA, resulting in non entertainment of that appeal. Civil penalties under the relevant FEMA provision are payable regardless of mens rea; the tribunal applied that principle but granted proportional relief by reducing an individual director's penalty to Rs.100,000, with prior pre deposits adjusted against that reduced amount.
A company struck off the register remains liable for its statutory obligations and for payment of previously imposed penalties; the company therefore remains liable even after striking off. Directors can incur continuing personal liability arising from those obligations, and the appeal by the struck-off company was dismissed for failure to comply with the pre deposit requirement under Section 19(1) of FEMA, resulting in non entertainment of that appeal. Civil penalties under the relevant FEMA provision are payable regardless of mens rea; the tribunal applied that principle but granted proportional relief by reducing an individual director's penalty to Rs.100,000, with prior pre deposits adjusted against that reduced amount.
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