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    <title>1996 (3) TMI 536 - FOREIGN EXCHANGE REGULATION APPELLATE BOARD</title>
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    <description>A claimed gift received through an NRE account must be supported by credible surrounding circumstances and corroborative evidence; a bare description of the receipt as a gift is insufficient. On the facts, the absence of proof of close relationship or remitter confirmation, together with a pattern of similar transactions, supported the inference of a counter-payment arrangement, so contravention under section 9(1)(a) of the Foreign Exchange Regulation Act, 1973 was upheld. Mitigating factors, including the recipient&#039;s widowhood, limited means, and the solitary nature of the transaction, justified reduction of penalty, which was therefore substantially lowered.</description>
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      <link>https://www.taxtmi.com/caselaws?id=179971</link>
      <description>A claimed gift received through an NRE account must be supported by credible surrounding circumstances and corroborative evidence; a bare description of the receipt as a gift is insufficient. On the facts, the absence of proof of close relationship or remitter confirmation, together with a pattern of similar transactions, supported the inference of a counter-payment arrangement, so contravention under section 9(1)(a) of the Foreign Exchange Regulation Act, 1973 was upheld. Mitigating factors, including the recipient&#039;s widowhood, limited means, and the solitary nature of the transaction, justified reduction of penalty, which was therefore substantially lowered.</description>
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