https://www.taxtmi.com/caselaws?id=457661 A penalty for alleged contraventions of sections 9(1)(b) and 9(1)(d) of the Foreign Exchange Regulation Act, 1973 cannot safely rest on retracted confessional statements unless their voluntariness is affirmatively addressed and the retraction is properly considered. The department must also independently establish the essential ingredients of the contravention, including the alleged non-resident status of the person concerned and the nexus between the payments and his instructions. Where reliable corroboration is lacking, reliance on the retracted statements is unsafe and the penalty order is not sustainable. en-us Wed, 14 Sep 2005 00:00:00 +0530 Wed, 25 Sep 2024 14:05:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=457661 A penalty for alleged contraventions of sections 9(1)(b) and 9(1)(d) of the Foreign Exchange Regulation Act, 1973 cannot safely rest on retracted confessional statements unless their voluntariness is affirmatively addressed and the retraction is properly considered. The department must also independently establish the essential ingredients of the contravention, including the alleged non-resident status of the person concerned and the nexus between the payments and his instructions. Where reliable corroboration is lacking, reliance on the retracted statements is unsafe and the penalty order is not sustainable. Case-Laws FEMA Wed, 14 Sep 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=457661