https://www.taxtmi.com/caselaws?id=457773 Resident status under FERA section 2(p)(ii) requires reliable proof that a person previously resident outside India later ceased to be so resident by returning to or staying in India in the statutory circumstances. On the stated facts, continued foreign business, properties and bank accounts, together with an absence of intention to abandon non-resident status, were insufficiently rebutted by the evidence relied on by the adjudicating authority. The commentary also notes that a direction to sell immovable property in London and repatriate the proceeds was treated as a power specifically vested in the Central Government under the former section 25(3), not in the adjudicating authority under section 63, so the jurisdictional basis for such a direction was absent. en-us Mon, 12 Apr 1999 00:00:00 +0530 Fri, 27 Sep 2024 13:22:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=457773 Resident status under FERA section 2(p)(ii) requires reliable proof that a person previously resident outside India later ceased to be so resident by returning to or staying in India in the statutory circumstances. On the stated facts, continued foreign business, properties and bank accounts, together with an absence of intention to abandon non-resident status, were insufficiently rebutted by the evidence relied on by the adjudicating authority. The commentary also notes that a direction to sell immovable property in London and repatriate the proceeds was treated as a power specifically vested in the Central Government under the former section 25(3), not in the adjudicating authority under section 63, so the jurisdictional basis for such a direction was absent. Case-Laws FEMA Mon, 12 Apr 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=457773