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    <title>FEMA borrowing restrictions bind charitable trusts, and civil penalties apply without proving intent for delayed repayment of non-resident rupee loans.</title>
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    <description>Under FEMA, a charitable trust is an artificial juridical person within the inclusive definition of &quot;person&quot;; funds received from non-resident trustees and recorded as borrowings remain subject to FEMA regardless of charitable purpose. Omission of section 6(3) did not invalidate proceedings commenced before the omission took effect. Non-repatriable rupee loans from non-resident Indians had to be repaid within three years, including through credit to NRO or NRSR accounts. Contravention is a civil breach attracting penalty without proof of mens rea under section 13(1). The Tribunal upheld the breach but reduced the penalty on appeal.</description>
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    <pubDate>Wed, 30 Sep 2026 08:41:54 +0530</pubDate>
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      <title>FEMA borrowing restrictions bind charitable trusts, and civil penalties apply without proving intent for delayed repayment of non-resident rupee loans.</title>
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      <description>Under FEMA, a charitable trust is an artificial juridical person within the inclusive definition of &quot;person&quot;; funds received from non-resident trustees and recorded as borrowings remain subject to FEMA regardless of charitable purpose. Omission of section 6(3) did not invalidate proceedings commenced before the omission took effect. Non-repatriable rupee loans from non-resident Indians had to be repaid within three years, including through credit to NRO or NRSR accounts. Contravention is a civil breach attracting penalty without proof of mens rea under section 13(1). The Tribunal upheld the breach but reduced the penalty on appeal.</description>
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