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    <title>2008 (2) TMI 973 - APPELLATE TRIBUNAL FOR FOREIGN EXCHANGE, NEW DELHI</title>
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    <description>Exporters must take prompt, effective and reasonable steps to secure repatriation of export proceeds, and mere filing of a recovery suit, incomplete litigation, or limited correspondence was insufficient to rebut the statutory presumption of non-realisation. Settlement correspondence with the foreign buyer was treated as an acknowledgement of debt in favour of a non-resident, which fell within the statutory prohibition absent Reserve Bank permission. Failure to recover the unpaid foreign exchange was also treated as a contravention where no effective measure was shown to prevent delay or loss of receipt. The penalties were upheld on the merits.</description>
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      <description>Exporters must take prompt, effective and reasonable steps to secure repatriation of export proceeds, and mere filing of a recovery suit, incomplete litigation, or limited correspondence was insufficient to rebut the statutory presumption of non-realisation. Settlement correspondence with the foreign buyer was treated as an acknowledgement of debt in favour of a non-resident, which fell within the statutory prohibition absent Reserve Bank permission. Failure to recover the unpaid foreign exchange was also treated as a contravention where no effective measure was shown to prevent delay or loss of receipt. The penalties were upheld on the merits.</description>
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