https://www.taxtmi.com/caselaws?id=167185 Bona fide conduct and the absence of mens rea are treated as central to liability under the Foreign Exchange Regulation Act, 1973, even where a statutory presumption of culpable mental state exists under section 59. The commentary also notes a separate argument on the exception in section 9(2)(b) for payments linked to salary or services not arising from business or acts done in India, but records that this plea was not clearly adjudicated by the authorities below. The stated ratio is that, where the conduct is accepted as bona fide, a charge under the Act cannot be sustained without proof of the requisite culpable mental state. en-us Fri, 27 Jan 1984 00:00:00 +0530 Wed, 10 Dec 2014 14:38:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=167185 Bona fide conduct and the absence of mens rea are treated as central to liability under the Foreign Exchange Regulation Act, 1973, even where a statutory presumption of culpable mental state exists under section 59. The commentary also notes a separate argument on the exception in section 9(2)(b) for payments linked to salary or services not arising from business or acts done in India, but records that this plea was not clearly adjudicated by the authorities below. The stated ratio is that, where the conduct is accepted as bona fide, a charge under the Act cannot be sustained without proof of the requisite culpable mental state. Case-Laws FEMA Fri, 27 Jan 1984 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=167185