International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
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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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