https://www.taxtmi.com/caselaws?id=166244 A penalty under the Foreign Exchange Regulation Act could not be sustained where the alleged confession was promptly retracted and voluntariness was not proved. Once coercion was asserted, the burden shifted to the respondent to establish that the statement was voluntary and truthful, with reliable corroboration. The adjudication was also undermined by the absence of material witnesses, denial of effective cross-examination, and inadequate evidence linking the appellant to the alleged foreign exchange transactions. On that record, the penalty was held legally unsustainable. en-us Mon, 17 Aug 2009 00:00:00 +0530 Mon, 03 Nov 2014 12:42:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=166244 A penalty under the Foreign Exchange Regulation Act could not be sustained where the alleged confession was promptly retracted and voluntariness was not proved. Once coercion was asserted, the burden shifted to the respondent to establish that the statement was voluntary and truthful, with reliable corroboration. The adjudication was also undermined by the absence of material witnesses, denial of effective cross-examination, and inadequate evidence linking the appellant to the alleged foreign exchange transactions. On that record, the penalty was held legally unsustainable. Case-Laws FEMA Mon, 17 Aug 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=166244