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FEMA - Highlights / Catch Notes

Home Highlights August 2023 Year 2023 This

Receiving foreign exchange in lieu of issuance of equity ...

Case Laws     FEMA

August 2, 2023

Receiving foreign exchange in lieu of issuance of equity shares/share warrants - whether no approval has been granted by FIPB? - When FIPB, the authority, who is vested with power to grant approval has held that no post facto approval is required, interpreting the order in any other fashion, that too by an authority, who is not empowered to decide on the manner in which the said order has been passed, it does not lie in the mouth of the 1st respondent to claim that approval has not been obtained and such a finding is not only perverse, but arbitrary, illegal and unreasonable - HC

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