Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Round tripping via two wholly owned overseas subsidiaries was held to contravene the prohibition on unauthorised foreign exchange transactions where subsidiaries were used to obtain foreign borrowings and reinvest in Indian group companies rather than to carry on bona fide overseas business; the statutory outward investment regime permits overseas JV/WOS only where bona fide activity exists and Regulation 7 safeguards for financial service entities were circumvented, so the transactions breached the applicable FEMA transfer/issue regulations. The adjudicating authority's reliance on RBI observations was upheld as accompanied by independent analysis, and penalties were sustained.
Round tripping via two wholly owned overseas subsidiaries was held to contravene the prohibition on unauthorised foreign exchange transactions where subsidiaries were used to obtain foreign borrowings and reinvest in Indian group companies rather than to carry on bona fide overseas business; the statutory outward investment regime permits overseas JV/WOS only where bona fide activity exists and Regulation 7 safeguards for financial service entities were circumvented, so the transactions breached the applicable FEMA transfer/issue regulations. The adjudicating authority's reliance on RBI observations was upheld as accompanied by independent analysis, and penalties were sustained.
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