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    <title>2026 (4) TMI 378 - APPELLATE TRIBUNAL UNDER SAFEMA, NEW DELHI</title>
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    <description>Proceedings under FEMA were held not to be barred merely because the same transactions had earlier been the subject of a customs settlement order, as FEMA enforcement could proceed on its own evidentiary basis. Commission paid by an overseas buyer directly to an overseas agent was held not to form part of the Indian exporter&#039;s export value where the exporter had no proven legal entitlement to that sum and no obligation to remit it; the amount was therefore not required to be repatriated. In light of that finding, and because the key witness evidence was unreliable and one charge had already been dropped, the penalty order could not stand and was set aside.</description>
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    <pubDate>Wed, 25 Mar 2026 00:00:00 +0530</pubDate>
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      <description>Proceedings under FEMA were held not to be barred merely because the same transactions had earlier been the subject of a customs settlement order, as FEMA enforcement could proceed on its own evidentiary basis. Commission paid by an overseas buyer directly to an overseas agent was held not to form part of the Indian exporter&#039;s export value where the exporter had no proven legal entitlement to that sum and no obligation to remit it; the amount was therefore not required to be repatriated. In light of that finding, and because the key witness evidence was unreliable and one charge had already been dropped, the penalty order could not stand and was set aside.</description>
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