Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
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...
Proceedings apply the preponderance of probabilities standard in adjudicating alleged unauthorised inward remittances and breaches of duties by authorised persons; the tribunal found contraventions established by corroborative bank credit entries and TT references and upheld liability for the transfers identified. The tribunal treated FEMA and Customs inquiries as independent, so absence of Customs action did not vitiate FEMA findings. Confiscation of seized foreign currency recovered from the individual was upheld for failure to surrender within the prescribed period. The tribunal adjusted seized cash against penalty and reduced cumulative penalties on the company and individual to specified amounts, while upholding the confiscation order.
Proceedings apply the preponderance of probabilities standard in adjudicating alleged unauthorised inward remittances and breaches of duties by authorised persons; the tribunal found contraventions established by corroborative bank credit entries and TT references and upheld liability for the transfers identified. The tribunal treated FEMA and Customs inquiries as independent, so absence of Customs action did not vitiate FEMA findings. Confiscation of seized foreign currency recovered from the individual was upheld for failure to surrender within the prescribed period. The tribunal adjusted seized cash against penalty and reduced cumulative penalties on the company and individual to specified amounts, while upholding the confiscation order.
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