Company successfully appealed against forex penalty for import documents lapse; benefit of doubt given for bank's role.

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....The Appellate Tribunal allowed the appeal filed by M/s Wipro Ltd. and set aside the penalty imposed for contravention of provisions u/s 10(6) of FEMA. The company had remitted foreign exchange to overseas banks for import of goods but failed to submit Bills of Entry for five instances. However, the company provided documents proving import for three out of those five remittances. For the remaining two remittances amounting to USD 38,550, the Tribunal gave the benefit of doubt to the company, considering the lapse on the part of the erstwhile ANZ Grindlays Bank in not intimating RBI or maintaining proper records. The Tribunal relied on the Delhi High Court judgment in Innovative Tech Pack Ltd. v. Special Director of Enforcement.....