Independent FEMA adjudication permits proof of under-invoiced imports through reliable electronic records, but rejects uncorroborated extrapolated allegations.
X X X X Extracts X X X X
X X X X Extracts X X X X
....FEMA adjudication concerning under-invoiced imports remains independent of Customs valuation and duty proceedings, and statements recorded under the Customs Act may be considered. Seized electronic records carry a rebuttable presumption of truth where their integrity is established; unrebutted records and related statements can prove foreign-exchange contraventions on a preponderance-of-probabilities standard. Contraventions may be sustained for documented import entries, but projections or extrapolations from electronic data require corroborative evidence and cannot alone support allegations. A person in charge of a company is personally liable for established corporate contraventions to the same evidence-based extent.....
TaxTMI