Tested party selection: functional analysis identified the least complex unit as the appropriate tested party, altering the transfer pricing adjustmen...
Contraventions under the Foreign Exchange Regulation Act were established by seized office documents, export papers, bank enquiries and corroborative witness statements which explained the modus operandi of over invoicing and unauthorised conversion or transfer of Indian currency to persons outside India; the appellant produced no evidence to rebut the seizures and statements, so the violation finding was upheld. The adjudicatory delay was treated as a mitigating factor and, exercising discretion to mitigate penalty for delay, the monetary sanction was reduced to fifty thousand rupees while the finding of contravention remains affirmed.
Contraventions under the Foreign Exchange Regulation Act were established by seized office documents, export papers, bank enquiries and corroborative witness statements which explained the modus operandi of over invoicing and unauthorised conversion or transfer of Indian currency to persons outside India; the appellant produced no evidence to rebut the seizures and statements, so the violation finding was upheld. The adjudicatory delay was treated as a mitigating factor and, exercising discretion to mitigate penalty for delay, the monetary sanction was reduced to fifty thousand rupees while the finding of contravention remains affirmed.
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