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...
Eligibility for exemption depends on strict construction of the product description; reapers without binder are ineligible, but confiscation and penal...
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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