<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>Foreign exchange remittance for imports must be used or repatriated; third-party adjustments cannot cure FEMA contravention.</title>
    <link>https://www.taxtmi.com/highlights?id=99750</link>
    <description>Foreign exchange remitted for imports had to be used for the declared overseas supplier or, if the goods were not imported, realised and repatriated; the Tribunal held that the appellant could not rely on alleged third-party adjustments or business compulsion to treat the remittance as duly utilised. It found no legal basis or RBI permission for setting off payments and refunds through separate entities, and held that Customs proceedings did not affect independent FEMA liability. The contravention under Section 10(6) of FEMA read with Regulation 6(1) was upheld, but the penalty was reduced as the quantum was moderated in the interests of justice.</description>
    <language>en-us</language>
    <pubDate>Thu, 14 May 2026 09:01:17 +0530</pubDate>
    <lastBuildDate>Thu, 14 May 2026 09:01:19 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=901836" rel="self" type="application/rss+xml"/>
    <item>
      <title>Foreign exchange remittance for imports must be used or repatriated; third-party adjustments cannot cure FEMA contravention.</title>
      <link>https://www.taxtmi.com/highlights?id=99750</link>
      <description>Foreign exchange remitted for imports had to be used for the declared overseas supplier or, if the goods were not imported, realised and repatriated; the Tribunal held that the appellant could not rely on alleged third-party adjustments or business compulsion to treat the remittance as duly utilised. It found no legal basis or RBI permission for setting off payments and refunds through separate entities, and held that Customs proceedings did not affect independent FEMA liability. The contravention under Section 10(6) of FEMA read with Regulation 6(1) was upheld, but the penalty was reduced as the quantum was moderated in the interests of justice.</description>
      <category>Highlights</category>
      <law>FEMA</law>
      <pubDate>Thu, 14 May 2026 09:01:17 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/highlights?id=99750</guid>
    </item>
  </channel>
</rss>