https://www.taxtmi.com/caselaws?id=457421 Where alleged gift cheques from an NRE account were asserted to explain foreign exchange receipts, the burden lay on the appellants to prove the donor's relationship, the source, and the genuineness of the transactions because those facts were within their special knowledge. Applying burden of proof, adverse inference, and surrounding-circumstances principles, the tribunal found the explanation not credible and upheld contravention of section 9(1)(a) and section 9(1)(d) of the Foreign Exchange Regulation Act, 1973. It also held that the 1991 immunity scheme was limited in scope and did not bar penal action under the foreign exchange law on the facts found. en-us Tue, 30 Dec 2008 00:00:00 +0530 Thu, 19 Sep 2024 12:51:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=457421 Where alleged gift cheques from an NRE account were asserted to explain foreign exchange receipts, the burden lay on the appellants to prove the donor's relationship, the source, and the genuineness of the transactions because those facts were within their special knowledge. Applying burden of proof, adverse inference, and surrounding-circumstances principles, the tribunal found the explanation not credible and upheld contravention of section 9(1)(a) and section 9(1)(d) of the Foreign Exchange Regulation Act, 1973. It also held that the 1991 immunity scheme was limited in scope and did not bar penal action under the foreign exchange law on the facts found. Case-Laws FEMA Tue, 30 Dec 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=457421