https://www.taxtmi.com/caselaws?id=279764 Adequate opportunity of defence is essential in penalty adjudication; where an adjournment request on medical grounds and other material submissions were not considered, the penalty order could not stand and remand for fresh adjudication was warranted. In disputes over non-realisation of export proceeds under foreign exchange law, contravention is not made out by non-realisation alone: the department must first establish the statutory basis for breach, after which the exporter may rebut the presumption by showing reasonable steps taken to realise the proceeds as a prudent exporter in the circumstances. The matter was sent back for a fresh decision on the merits. en-us Mon, 23 Dec 1996 00:00:00 +0530 Thu, 04 Apr 2019 15:37:15 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=279764 Adequate opportunity of defence is essential in penalty adjudication; where an adjournment request on medical grounds and other material submissions were not considered, the penalty order could not stand and remand for fresh adjudication was warranted. In disputes over non-realisation of export proceeds under foreign exchange law, contravention is not made out by non-realisation alone: the department must first establish the statutory basis for breach, after which the exporter may rebut the presumption by showing reasonable steps taken to realise the proceeds as a prudent exporter in the circumstances. The matter was sent back for a fresh decision on the merits. Case-Laws FEMA Mon, 23 Dec 1996 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=279764