Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Section 7 of FEMA and the export regulations require exporters to realise and repatriate full export proceeds within the stipulated time, and extension is available only on sufficient cause shown. The Tribunal sustained contravention where export proceeds remained unrealised for years, no effective recovery steps were documented, and alleged foreign buyer distress was unsupported by official records or concrete recovery action. Regulation 16(1)(i) was read as imposing a primary duty to ship goods within one year of advance receipt; failure to do so, without satisfactory explanation or adjustment against other exports, justified contravention. Directors in charge of business were also liable unless they proved lack of knowledge or due diligence; one director was excluded on facts.
Section 7 of FEMA and the export regulations require exporters to realise and repatriate full export proceeds within the stipulated time, and extension is available only on sufficient cause shown. The Tribunal sustained contravention where export proceeds remained unrealised for years, no effective recovery steps were documented, and alleged foreign buyer distress was unsupported by official records or concrete recovery action. Regulation 16(1)(i) was read as imposing a primary duty to ship goods within one year of advance receipt; failure to do so, without satisfactory explanation or adjustment against other exports, justified contravention. Directors in charge of business were also liable unless they proved lack of knowledge or due diligence; one director was excluded on facts.
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