2018 (3) TMI 119

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....dent Through Mr. Amit Mahajan, CGSC. MR. S. RAVINDRA BHAT (ORAL) 1. Ld. Single Judge's order upholding the decision of the Assistant Director, Enforcement Directorate in the course of the proceedings under Section 60(3) of the Foreign Exchange Management Act, 1999 (hereafter referred to as "FEMA") is challenged in this appeal. 2. The Enforcement Directorate made a complaint on 8.1.2016 al....

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....ation pertain to substantive nature of transactions as revealed during the course of investigation and all these transactions are based on documents seized during various search operations as mentioned in the complaint. Merits and de-merits of the allegations contained in the SCN/Complaint and replies filed by noticees are duly taken into account at the stage of Adjudicating Proceedings, beside....

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....before the Supreme Court against judgment of Shahid Balwa and the matter has been stayed, nevertheless, the Bombay High Court has followed and explained the logic in Shahid Balwa; vide its judgment in Lalit Kumar Modi vs. Special Director Enforcement (Writ Petition 2803/2016 decided on 30.1.2018). Ld. counsel for the Directorate of Enforcement Mr. Mahajan urges that there is no infirmity in the im....

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....f the record. No doubt, the appellant sought the Investigating Officer's cross-examination inasmuch as, according to him, examination as to the conclusion in his report was necessary. The appellant, at the same time requested for cross-examination of the other witnesses, whose statements were on record by the Directorate of Enforcement. So far as statements of these witnesses or individuals are co....