<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2019 (5) TMI 477 - ATFEMA</title>
    <link>https://www.taxtmi.com/caselaws?id=379749</link>
    <description>An adjudicating authority cannot sustain a finding by enlarging the charge beyond the show-cause notice, as doing so breaches natural justice. In proceedings concerning alleged non-compliance with FEMA reporting requirements for issue of shares by a person resident outside India, the Tribunal found that the impugned order added a further contravention not specifically alleged in the notice and was therefore unsustainable to that extent. It also held that the penalty was excessive and not commensurate with the alleged technical contravention, so the penalty was reduced and modified under FEMA.</description>
    <language>en-us</language>
    <pubDate>Wed, 24 Apr 2019 00:00:00 +0530</pubDate>
    <lastBuildDate>Tue, 07 May 2019 08:37:10 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=570065" rel="self" type="application/rss+xml"/>
    <item>
      <title>2019 (5) TMI 477 - ATFEMA</title>
      <link>https://www.taxtmi.com/caselaws?id=379749</link>
      <description>An adjudicating authority cannot sustain a finding by enlarging the charge beyond the show-cause notice, as doing so breaches natural justice. In proceedings concerning alleged non-compliance with FEMA reporting requirements for issue of shares by a person resident outside India, the Tribunal found that the impugned order added a further contravention not specifically alleged in the notice and was therefore unsustainable to that extent. It also held that the penalty was excessive and not commensurate with the alleged technical contravention, so the penalty was reduced and modified under FEMA.</description>
      <category>Case-Laws</category>
      <law>FEMA</law>
      <pubDate>Wed, 24 Apr 2019 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=379749</guid>
    </item>
  </channel>
</rss>