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    <title>Non-resident rights subscriptions require compliant existing shareholdings, while penalty proportionality depends on the circumstances of the transaction.</title>
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    <description>Non-resident rights subscriptions require existing shares to have been acquired and held in accordance with the applicable foreign exchange regulations. Failure to meet the RBI permission requirement for the original acquisition renders a subsequent rights subscription non-compliant, even if no penalty was imposed for the acquisition. In FEMA adjudication, a recorded opinion for proceeding with an inquiry must be supplied on request where objections to the show-cause notice were submitted; without objections, there is no such mandate. Penalty proportionality may be assessed in light of transactions through banking channels, absence of concealment and inaction over the original acquisition. A penalty equal to the amount involved was reduced to 25% of that amount.</description>
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    <pubDate>Fri, 06 Nov 2026 09:28:20 +0530</pubDate>
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      <description>Non-resident rights subscriptions require existing shares to have been acquired and held in accordance with the applicable foreign exchange regulations. Failure to meet the RBI permission requirement for the original acquisition renders a subsequent rights subscription non-compliant, even if no penalty was imposed for the acquisition. In FEMA adjudication, a recorded opinion for proceeding with an inquiry must be supplied on request where objections to the show-cause notice were submitted; without objections, there is no such mandate. Penalty proportionality may be assessed in light of transactions through banking channels, absence of concealment and inaction over the original acquisition. A penalty equal to the amount involved was reduced to 25% of that amount.</description>
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