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FEMA - Case Laws

Showing 1 to 4 of 4 Records

• 2013 (2) TMI 396
  
  Violation of FERA - Whether process of purchase of tickets of appellant was a commercial arrangement that was legally permissible? - Appellant carries on a travel agency and specialises in booking of tickets for crew members working on ships - assessee contested for suffering from any illegality or material irregularity causing prejudice - Held that:- No such illegality or irregularity has been demonstrated. That apart delayed pronouncement of the order by the Adjudicating Authority was not urged as a ground of challenge before the Tribunal or....... + More

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• 2013 (2) TMI 230
  
  Repatriation of Money – Appellant acquired the foreign currency by selling his property in Iran - Gave a declaration in CDF when he brought major chunk of foreign currency in January and October, 1999 – His vendor sent the money through nineteen persons each getting $ 5000 – Further contention of appellant is that he has 180 days to keep the money before en-cashing through an authorized person – Held that:- Section 3(c) of the FEMA prohibits any person from receiving foreign currency otherwise than through an authorized person –The law require....... + More

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• 2013 (2) TMI 201
  
  Order of preventive detention - writ to release of the detenue by quashing detention orders - intelligence unit contraband fake noteswere recovered from the baggage carried by the detenue - Held that:- When a passport of the detenu was retained with the Customs department, the likelihood of the detenu indulging in the smuggling activities was foreclosed. Impounding the passport of the detenu was enough to curb the potentiality of the smuggling, and therefore there was no justification to pass order of preventive detention when there was no cha....... + More

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• 2013 (2) TMI 39
  
  Breach of principles of natural justice - non providing of cross-examine of the persons whose statements have been supplied - petitioners were charged with contravention of the provisions of Section 42 of the FEMA - Held that:- Neither the provisions of FEMA i.e., Section 16 which requires a reasonable opportunity to be given to the party against whom a complaint is instituted or the Adjudication Rules, in particular Rule 4 (5), oblige the adjudicating authority to grant as of right the opportunity to the noticees to cross-examine the persons ....... + More

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