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 →

2019 (8) TMI 683

..... ellant has been wrongly implicated in the case and nothing was seized or recovered from his possession - HELD THAT:- The impugned order has alleged that he received money (Indian currencies) from some other people some of whose name are Poonam, Getha, Raja Ram, Devidoss, Jaloor etc. who in turn has arranged this money from people from abroad. Thus, it appears that the impugned order has not established the appellant receiving the money directly from abroad. Moreover, there is no restriction on circulation of Indian money within the country, at least under FEMA - the department has not investigated those people who are Indians and who have delivered the money to him in India although the details of some of them like their mobile numbers etc. .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... rom him, merely basing the entire case on statements of others, some purported mobile numbers of other people is blatantly illegal. 2. Both the parties were heard at length. The following submissions were further made during the hearing by the learned counsel for the appellant; i. He reiterated the submission that statements of other people without any evidence against the appellant cannot be held against him, ii. That the statement given by him was under threat and harassment as he was confined in the ED s office, iii. That although Section 3(b) and 3(c) of FEMA has been invoked to penalize him there is no corroborative evidence or link to show as to how he had received or made any payment to or by any person resident outside India which i .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... contravention of provisions of FEMA and the appeal should be dismissed, she pleaded. 4. I have carefully examined the case and also heard the parties at length. The moot point is whether there has been any contravention of Section 3(b) and Section 3(c) of FEMA, 1999. The provisions are reproduced below: Section 3 states, save as otherwise provided in this Act, rules or regulations made thereunder, or with the general or special permission of the Reserve Bank no person shall……… (b) make any payment to or for the credit of any person resident outside India in any manner; (c) receive otherwise through an authorised person, any payment by order or on behalf of any person resident outside India in any manner 5. The above the .....

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 ||