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2019 (8) TMI 683

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..... g 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. was available to the investigating authority. Moreover, the analysis of phone calls has also not been done in a complete manner as it does not show the details of the conversations. It is appropriate to remand the case back to the original authority to do a thorough investigation both on the issues raised above as well as any other issues which they may like to investigate and pass a speaking order establishing the link as .....

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..... at 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 is the basic requirement under Section 3(b) and Section 3(c) of the FEMA. 3. In reply, the learned counsel for the respondent stated: a. That both Section 3(b) and 3(c) of FEMA stipulates receipt or make any payment to or on behalf of any person resident outside India, in any manner . This covers any type of transactions which is not authorized by the RBI. b. That the appellant has been a habitual offender and earlier .....

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..... 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 therefore makes those offences as contravening the provisions where a person either makes any payment to a person resident outside India or receives any payment by order or on behalf of any person resident outside India. In the present case, the impugned order states that the appellant has received hawala payment of ₹ 19.18 crores from persons in India which includes ₹ 1.55 crores attempted to be transported .....

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