Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
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Procedural challenge based on delay, Rule 4 non-compliance and denial of cross-examination failed because the Tribunal found a prior investigation, notice through summons, supply of relied-upon documents, replies, hearing and recorded satisfaction to proceed, with no prejudice shown. An authorised person under FEMA was held amenable to penalty because the statutory definition of "person" is broad and Chapter III does not grant immunity from Section 13 action. The company's issuance of forex prepaid cards without verifying actual travellers, passports or KYC particulars, and acceptance of funds from third parties, supported the findings of contraventions. Personal liability of the company officer was rejected because he was not in charge during the relevant period and could not be treated as a de facto declarant.
Procedural challenge based on delay, Rule 4 non-compliance and denial of cross-examination failed because the Tribunal found a prior investigation, notice through summons, supply of relied-upon documents, replies, hearing and recorded satisfaction to proceed, with no prejudice shown. An authorised person under FEMA was held amenable to penalty because the statutory definition of "person" is broad and Chapter III does not grant immunity from Section 13 action. The company's issuance of forex prepaid cards without verifying actual travellers, passports or KYC particulars, and acceptance of funds from third parties, supported the findings of contraventions. Personal liability of the company officer was rejected because he was not in charge during the relevant period and could not be treated as a de facto declarant.
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