Tax Management India. Com
                        Law and Practice: A Digital eBook ...

Category of Documents

TMI - Tax Management India. Com
Case Laws Acts Notifications Circulars Classification Forms Manuals SMS News Articles
Highlights
D. Forum
What's New

Share:      

        Home        
 

TMI Blog

Home List
← Previous Next →

2018 (12) TMI 444

that effect on record. In fact, the appellant in his statement before the DRI and which finds a mention in the impugned order has not stated that the alleged Darshan Singh was in any way involved in foreign exchange transactions. The so-called loose sheets recovered from the residence of Shri Darshan Singh does not establish that the appellant had received or given any money in contravention of FERA. There are no statements or any other evidence which has been produced by the adjudicating authority to prove the involvement of the appellant in receipt or making payments of foreign exchange. Holding of Indian currency or dealing with it is not a crime and if there is a violation of any other law like the income tax etc. that would be dealt wi .....

X X X X X X X

Full Text of the Document

X X X X X X X

-examination was accepted by the adjudicating authority. ii. That the statement given by the appellant was under duress which they have duly retracted before the Competent Authority. The retraction has not been dealt at all by the adjudicating authority. iii. That the whole case is built up purportedly on the basis of some loose sheets seized from the residence of Mr. Darshan Singh. iv. That nothing incriminating has been found or established by the adjudicating authority to implicate him in the said contravention. They relied on the following judgments: a. Vinod Solanki vs. Union of India Civil Appeal No. 7407 of 2008 dated 18.12.2008. b. AIR 1992 Supreme Court 1831 KTMS Mohd. & Anr. Vs. Union of India dated 28.04.1992. 3. In response, .....

X X X X X X X

Full Text of the Document

X X X X X X X

e entire case against the appellant is the loose sheets found in the house of the main accused Shri Darshan Singh and the statement of the appellant. The adjudication order is based on investigations which revealed that, inter alia Shri Inder Vijay Singh resident in India without any general or special exemption from the RBI made payment of ₹ 10,00,000/- to Shri Darshan Singh. However, the entire impugned order does not throw any light as to what these investigations were or how the payment of ₹ 10,00,000/- (Indian currency) to the said Mr. Darshan Singh has contravened the provisions of FERA. No linkages have been established to show the relationship between Inder Vijay Singh and Darshan Singh to Gurcharan Singh of Canada finan .....

X X X X X X X

Full Text of the Document

X X X X X X X

 

 

← Previous Next →

 

 

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || Database || Members || Refer Us ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.
|| Blog || Site Map - Recent || Site Map ||