Unlawful outward remittances via Hawala using proforma invoices and electronic records proved; documents admitted, directors penalised, penalties redu...
Attachment of equivalent-value properties as proceeds of crime upheld; preventive attachment order and confirmation sustained; no independent ED reinv...
Broker trading-system "technical glitch" redefinition and narrowed incident-reporting regime for large IBT/STWT brokers requiring 2-hr notice and 14-w...
Section 42 of FEMA creates derivative liability for partners, directors and persons in charge only where contravention by the company or firm is first established. As the earlier appellate order had already set aside the penalty and confiscation against the firm and that exoneration had attained finality, the Tribunal held that the appellant's penalty under Section 42 read with Section 3(b), 3(c) and 3(d) could not survive. The appellant's alleged acts were also treated as independent of the firm's business, reinforcing that consequential liability could not be fastened on him. The penalties were quashed and the seized amount and pre-deposit were ordered to be released.
Section 42 of FEMA creates derivative liability for partners, directors and persons in charge only where contravention by the company or firm is first established. As the earlier appellate order had already set aside the penalty and confiscation against the firm and that exoneration had attained finality, the Tribunal held that the appellant's penalty under Section 42 read with Section 3(b), 3(c) and 3(d) could not survive. The appellant's alleged acts were also treated as independent of the firm's business, reinforcing that consequential liability could not be fastened on him. The penalties were quashed and the seized amount and pre-deposit were ordered to be released.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4824 
Join Channel 
