https://www.taxtmi.com/caselaws?id=326252 Criminal liability under company-related foreign exchange offences cannot be fastened on officers by designation alone; the complaint must specifically show that they were in charge of, and responsible for, the company's business or otherwise personally implicated in the contravention. Where the remittance was made through an authorised dealer bank, liability does not automatically shift to company officers unless the material shows that they controlled or directed the transaction. Absent concrete averments of connivance, abetment, or personal gain, prosecution is unsustainable and amounts to abuse of process. en-us Wed, 09 Mar 2016 00:00:00 +0530 Mon, 11 Apr 2016 09:59:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=326252 Criminal liability under company-related foreign exchange offences cannot be fastened on officers by designation alone; the complaint must specifically show that they were in charge of, and responsible for, the company's business or otherwise personally implicated in the contravention. Where the remittance was made through an authorised dealer bank, liability does not automatically shift to company officers unless the material shows that they controlled or directed the transaction. Absent concrete averments of connivance, abetment, or personal gain, prosecution is unsustainable and amounts to abuse of process. Case-Laws FEMA Wed, 09 Mar 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=326252