TMI - 213204 - BOMBAY HIGH COURT

Vinod M.Chitalia. Versus Union of India.

Bogus exports - Fabricated Export - export under the DEPB Scheme - Violation of the provisions of Section 3(b) and Section 3(d) of the Foreign Exchange Management Act, 1999 (“the FEMA”) - Power of the settlement commission - held that:- the immunity......

TMI - 213024 - BOMBAY HIGH COURT

Rajkumar Shivhare Versus Union of India

Tribunal dismissed the stay Petition for waiver of predeposit of penalty in FEMA appeal – unauthorizedly receipt of payments amounting to Rs.5 Crores on the instructions of persons resident outside India. - Held that:- No case was made out by the App......

TMI - 212071 - ANDHRA PRADESH HIGH COURT

FLYTECH AVIATION LIMITED Versus UNION OF INDIA

Under-invoicing and Hawala transactions – petition for stopping the investigation initiated by the Enforcement Directorate – petitioner alleges of documents being forged and fabricated - Held that:- Enforcement Directorate is fully entitled to invest......

TMI - 211489 - BOMBAY HIGH COURT

RAJKUMAR SHIVHARE Versus UNION OF INDIA

Whether an Appellant who files an appeal before the High Court under Section 35 of the Foreign Exchange Management Act, 1999 can seek an exclusion of time under Section 14 of the Limitation Act, 1963 - it is evident that Section 35 of the FEMA makes ......

TMI - 210987 - BOMBAY HIGH COURT

Union of India Versus Canara Bank

FERA Act, 1973 – violation of the provisions of Sections 8(3) and 8(4) of the Act by four companies - whether banks and their respective employees can be held guilty of abetting Companies for such violation – fresh LC opened even on failure to file B......

TMI - 210868 - MADRAS HIGH COURT

V. Bhaskaran Versus Special Director of Enforcement

Import of Toyota Lexus Car - Department: Illegal purchase - Appellant: gifted by father-in-law, no reasonable opportunity provided, not asked for documents, notice barred by limitation - Notice issued under FERA - Held That:- Section 49(3) of FEMA ......

TMI - 210779 - BOMBAY HIGH COURT

V.S. Ubhayakar Versus Special Director Directorate of Enforcement and another

FERA 1973 - Release of foreign exchange in violation of the instructions of the RBI resulting in a violation of the relevant provisions of the FERA 1973 - allegation against the Appellants is a failure to discharge their responsibilities under the la......

TMI - 210621 - BOMBAY HIGH COURT

Union of India. Versus M/s.Reliance Industries Ltd.

Condonation of delay of 570 days – appeal filed against order passed by Appellate Tribunal constituted under the FEMA, 1999 – appeal filed to Appellate Tribunal against an order of adjudication passed on 30.10.2003 by the Special Director of Enforcem......

TMI - 209523 - BOMBAY HIGH COURT

KARTIK K. PAREKH Versus APPELLATE TRIBUNAL FOR FOREIGN EXCHANGE

Condonation of delay - whether under Sections 35 of FEMA, this Court can condone the delay in filing the appeal beyond the period of 120 days - Since the appeals have been filed beyond thirty days from 26-7-2010, this Court has no power to condone th......

TMI - 209503 - KARNATAKA HIGH COURT

S. BASKAR Versus ENFORCEMENT DIRECTORATE

Penalty - Confiscation - The sole contention urged by the learned counsel for the appellant is that the maximum penalty that could be imposed under Section 13 of the Act cannot exceed Rs. 2,00,000/- and once any penalty is imposed, question of furthe......

TMI - 208828 - MADRAS HIGH COURT

N.P. HAROUN RASHEED Versus SPL. DIR., ENFORCEMENT DIRECTORATE, NEW DELHI

Writ petition - Search and seizure - petitioner did not deposit a sum of Rs. 10,00,000/- imposed against him as penalty. Along with the appeal, he filed an application under Section 52(2) of the Act seeking to dispense with such deposit on the ground......

TMI - 208721 - MADRAS HIGH COURT

FAYSHAW APPARELS Versus ATFE, NEW DELHI

Pre-deposit – undue hardship - non realization of export consideration - reasonable steps - contravention of the provisions of FEMA - Mere financial difficulties cannot be said to be “undue hardship”. when the Appellate Tribunal has judicially exerc......

TMI - 208556 - BOMBAY HIGH COURT

M/s. Brentfield Travels Co. Pvt. Ltd., Versus The Reserve Bank of India & Anr.

Compounding - Foreign Exchange from NRO for Equity Subscription - Amount received in names of director instead of sending the amount towards credit to the company’s account - Held That:- Facts of each case to be seen before compounding .There is a p......

TMI - 207184 - SUPREME COURT OF INDIA

Ketan V. Parekh Versus Special Director, Directorate of Enforcement and another.

Condonation of delay - the benefit of Section 14 of the Limitation Act cannot be extended to the appellants.- After having made a prayer that the writ petitions filed by them be treated as appeals under Section 35, two of the appellants filed applica......

TMI - 206318 - SUPREME COURT OF INDIA

THIRUMALAI CHEMICALS LTD. Versus UNION OF INDIA

Whether the Appellate Tribunal constituted under the FEMA, 1999 was right in rejecting a belated appeal filed under Section 19 of FEMA, applying the first proviso to sub-section (2) of Section 52 of Foreign Exchange Regulation Act, 1973 - Held that: ......

TMI - 206293 - MADRAS HIGH COURT

SRI RENUGA SOFT-X TOWELS Versus DY. DIR., DTE. OF ENFORCEMENT, CHENNAI

Whether any requisite and reasonable steps had been taken by the appellant to recover the export proceeds from the overseas buyers - specific charge against the appellant was that for the non-repatriating the outstanding proceeds by way of foreign ex......

TMI - 205866 - BOMBAY HIGH COURT

STAR INDIA PVT. LTD. Versus UNION OF INDIA

Violation FERA - Proceedings under FEMA - taking notice versus issuing notice - period of limitation of 2 years - whether the adjudicating officer has taken notice of the alleged contravention of FERA within the period of two years from the commencem......

TMI - 205169 - KARNATAKA HIGH COURT

M.B. RAVI KUMAR Versus DIRECTOR GENERAL OF FOREIGN TRADE

Non-compliance of import licence and for mis-utilizing the same - Notification No. 18/9/97/ECA-III dt. 20-1-1999 - It is also submitted that the petitioner was constrained to file an appeal for the reason that for realization of the penalty imposed o......

TMI - 205143 - DELHI HIGH COURT

Esab India Limited Versus Special Director of Enforcement

Demand - Penalty - Condonation of delay - The validity of section 24 read with Second Schedule to the Act has been assailed on the ground that right to information is a fundamental right and it has to be treated with sanctity and the bar created unde......

TMI - 204674 - BOMBAY HIGH COURT

UNION OF INDIA Versus JATIN C. JHAVERI

Confiscation of the foreign currency - Legal import - Jatin Jhaveri has produced before the Commissioner copies of the two currency declaration forms one dated 25-6-1994 for US $ 2,54,000/- and other dated 28-6-93 for US $ 35,250/ - The Commissioner ......