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 ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Even after a company is struck off and deemed dissolved, its liabilities and penalties continue to be enforceable and assets must suffice to discharge obligations; penalties imposed on the struck off entity therefore subsist. Adjudication against legal representatives may continue under the applicable liability provision, limited to the estate. Penalties under Section 13(1) of FEMA are civil in nature and attract on proof of contravention without requiring mens rea. Applying proportionality, individual penalties were moderated and pre-deposit adjustments directed.
Even after a company is struck off and deemed dissolved, its liabilities and penalties continue to be enforceable and assets must suffice to discharge obligations; penalties imposed on the struck off entity therefore subsist. Adjudication against legal representatives may continue under the applicable liability provision, limited to the estate. Penalties under Section 13(1) of FEMA are civil in nature and attract on proof of contravention without requiring mens rea. Applying proportionality, individual penalties were moderated and pre-deposit adjustments directed.
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