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...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
Adjudicatory discretion to fix penalty under Section 13(1) of FEMA permits assessment up to a statutory maximum but does not mandate a minimum; therefore the adjudicator may impose a reduced, reasoned penalty. The Tribunal upheld the Adjudicating Authority's objectively reasoned exercise of discretion, noting the imposed penalty was substantially below the statutory cap and that practical factors - including the respondents' inability to comply with pre-deposit directions and non realisation of penalty - made appellate enhancement unwarranted. Consequently the appeal for enhancement was dismissed and the existing quantum left undisturbed.
Adjudicatory discretion to fix penalty under Section 13(1) of FEMA permits assessment up to a statutory maximum but does not mandate a minimum; therefore the adjudicator may impose a reduced, reasoned penalty. The Tribunal upheld the Adjudicating Authority's objectively reasoned exercise of discretion, noting the imposed penalty was substantially below the statutory cap and that practical factors - including the respondents' inability to comply with pre-deposit directions and non realisation of penalty - made appellate enhancement unwarranted. Consequently the appeal for enhancement was dismissed and the existing quantum left undisturbed.
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