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    <title>2009 (4) TMI 915 - Delhi High Court</title>
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    <description>Under the foreign exchange law, liability depended on whether the exporter had taken all reasonable steps to receive or recover export proceeds, not on complete non-realisation alone. The record showed repeated communications to enforcement authorities, recovery efforts, civil suits, decrees, partial recoveries and supporting correspondence, but the statutory notice and complaint did not adequately consider that material. The Delhi HC treated that omission as significant and held that, where genuine recovery efforts and actual recoveries were shown, continuation of the prosecution would amount to an abuse of process. The complaint was therefore liable to be quashed.</description>
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    <pubDate>Thu, 16 Apr 2009 00:00:00 +0530</pubDate>
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      <title>2009 (4) TMI 915 - Delhi High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=173456</link>
      <description>Under the foreign exchange law, liability depended on whether the exporter had taken all reasonable steps to receive or recover export proceeds, not on complete non-realisation alone. The record showed repeated communications to enforcement authorities, recovery efforts, civil suits, decrees, partial recoveries and supporting correspondence, but the statutory notice and complaint did not adequately consider that material. The Delhi HC treated that omission as significant and held that, where genuine recovery efforts and actual recoveries were shown, continuation of the prosecution would amount to an abuse of process. The complaint was therefore liable to be quashed.</description>
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      <pubDate>Thu, 16 Apr 2009 00:00:00 +0530</pubDate>
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