Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Vicarious liability under FEMA was sustained against the company and its managing director because the Managing Director's position supported attribution of the contravention, while the other two directors were treated as sleeping directors not involved in day-to-day affairs or signing the import documents, so they were not liable under Section 3(b) read with Section 42. On penalty, the Tribunal held that Section 13(1) prescribes only the maximum limit and leaves quantum to judicial discretion; considering mitigating circumstances and the pre-deposit already made through FDRs, it reduced the penalty on the company and its managing director to that extent, with accrued interest.
Vicarious liability under FEMA was sustained against the company and its managing director because the Managing Director's position supported attribution of the contravention, while the other two directors were treated as sleeping directors not involved in day-to-day affairs or signing the import documents, so they were not liable under Section 3(b) read with Section 42. On penalty, the Tribunal held that Section 13(1) prescribes only the maximum limit and leaves quantum to judicial discretion; considering mitigating circumstances and the pre-deposit already made through FDRs, it reduced the penalty on the company and its managing director to that extent, with accrued interest.
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