Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
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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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