Educational approval requires mandatory State registration, but incidental surplus and trustee-owned land do not prove private benefit or profit motiv...
Judicial review of settlement orders cannot reopen settled customs notices, while statutory interest remains subject to verification and quantificatio...
Customs Broker licence lending for consideration justified revocation where exporter authorisation and client verification obligations were also breac...
Fraudulent import documents suspend limitation protection, while redemption of confiscated goods requires duty and interest despite bona fide purchase...
ODR arbitration participation remains mandatory after failed conciliation, while jurisdictional and maintainability objections stay available before t...
FDI received as equity or preferential capital was treated as investment in securities, not borrowing in rupees, so the borrowing-and-lending regulations did not apply to the alleged use of funds. Adverse findings on downstream investment and the TISPRO regime were also unsustainable where the show cause notices did not set out the necessary factual basis and the alleged recipient was a society, not another Indian company. FDI-in-trust restrictions were inapplicable on the record, and Section 6(3)(e) did not cover the transactions. Once the company-level contravention failed, the vicarious penalty on the managing director under FEMA also fell away.
FDI received as equity or preferential capital was treated as investment in securities, not borrowing in rupees, so the borrowing-and-lending regulations did not apply to the alleged use of funds. Adverse findings on downstream investment and the TISPRO regime were also unsustainable where the show cause notices did not set out the necessary factual basis and the alleged recipient was a society, not another Indian company. FDI-in-trust restrictions were inapplicable on the record, and Section 6(3)(e) did not cover the transactions. Once the company-level contravention failed, the vicarious penalty on the managing director under FEMA also fell away.
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