https://www.taxtmi.com/caselaws?id=791313 A foreign buyer's commission paid directly to a foreign agent was not treated as export proceeds of the Indian exporter because it was not shown to be legally due to the exporter or part of its receivable export value. The RBI Master Circular on agency commission was held inapplicable where the exporter itself made no commission payment. On that basis, the alleged FEMA contravention and penalty could not stand absent proof of recoverable foreign exchange entitlement or under-realisation. The prior customs settlement did not bar FEMA proceedings, but it did not alter the result on the merits under FEMA. en-us Wed, 25 Mar 2026 00:00:00 +0530 Sat, 09 May 2026 07:13:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=791313 A foreign buyer's commission paid directly to a foreign agent was not treated as export proceeds of the Indian exporter because it was not shown to be legally due to the exporter or part of its receivable export value. The RBI Master Circular on agency commission was held inapplicable where the exporter itself made no commission payment. On that basis, the alleged FEMA contravention and penalty could not stand absent proof of recoverable foreign exchange entitlement or under-realisation. The prior customs settlement did not bar FEMA proceedings, but it did not alter the result on the merits under FEMA. Case-Laws FEMA Wed, 25 Mar 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=791313