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        Case ID :

        Penal Provision of Fema Covers Violation of FDI Policy Regulations

        July 30, 2018

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        FDI in retail has been allowed in a calibrated manner after intensive consultations with stakeholders including concerned Ministries and departments, State Governments, apex industry chambers, associations and other organizations. Suggestions and views received from various stakeholders and public on various aspects of FDI regime are examined before taking appropriate action.

        This information was given by the Minister of State of Commerce and Industry, C. R. Chaudhary, in a written reply in the Lok Sabha today. He said that there is no proposal to set up a special group to keep tabs on any violation of its foreign investment policy by online retail platforms such as Amazon, Flipkart and Myntra. However, any violation of Foreign Direct Investment (FDI) policy regulations is covered by the penal provision of the FEMA, 1999.

        Reserve bank of India administers the FEMA and Enforcement Directorate under the Ministry of Finance is the authority for the enforcement of FEMA. The Minister also informed the House that the Government has not made any assessment of the direct impact of Walmart and Flipkart deal on small traders.

        FEMA penal provisions cover FDI policy violations, with central bank administration and a finance ministry enforcement authority overseeing compliance. No special investigatory body monitors online retail platforms; violations of the FDI policy are subject to the FEMA penal provisions. FEMA is administered by the central banking authority and enforced by a designated enforcement authority under the Ministry of Finance.
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              FEMA penal provisions cover FDI policy violations, with central bank administration and a finance ministry enforcement authority overseeing compliance.

                              No special investigatory body monitors online retail platforms; violations of the FDI policy are subject to the FEMA penal provisions. FEMA is administered by the central banking authority and enforced by a designated enforcement authority under the Ministry of Finance.





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                              ActsIncome Tax
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