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    <title>2022 (6) TMI 165 - DELHI HIGH COURT</title>
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    <description>An exporter must take all reasonable steps to realise export proceeds before the statutory presumption of contravention under foreign exchange law is displaced. Mere correspondence with the foreign buyer, embassy, agents and bank, without pursuing the civil remedy to completion, was treated as only preliminary and insufficient to show diligent recovery action. The RBI write-off was also regarded as technical rather than a merits-based recognition that adequate steps had been taken. The appellant therefore failed to rebut the presumption, and the penalty for contravention was upheld.</description>
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      <description>An exporter must take all reasonable steps to realise export proceeds before the statutory presumption of contravention under foreign exchange law is displaced. Mere correspondence with the foreign buyer, embassy, agents and bank, without pursuing the civil remedy to completion, was treated as only preliminary and insufficient to show diligent recovery action. The RBI write-off was also regarded as technical rather than a merits-based recognition that adequate steps had been taken. The appellant therefore failed to rebut the presumption, and the penalty for contravention was upheld.</description>
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