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Bombay High Court Allows FERA Appeals Against Penalty for Irregular Release of Foreign Exchange by Full Fledged Money Changer. Show Cause Notice Held Vague for Not Specifying Which RBI Directions Were Violated.

The case involves appeals by Trade Wings Ltd., its managing director V.S. Ubhayakar, and director Kirti T. Shah against an order of the Appellate Trib...

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Bombay High Court Allows FERA Appeal: Tribunal Erred in Affirming Penalty for Alleged Contravention of Section 9(1)(f)(i) of FERA 1973 — Remittances Protected Under Remittances in Foreign Exchange (Immunities and Exemptions) Act, 1991 and Scheme of 1991.

The appellants, four individuals, received US$ 25,000 each in their savings bank accounts with Bank of Baroda on or about 12 October 1991, totaling US...

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Bombay High Court Dismisses Enforcement Directorate Appeals in FERA Contravention Cases Due to Lack of Evidence and Limitation. Held that mere suspicion cannot substitute proof and that adjudication proceedings under FERA must be initiated within a reasonable time.

The case involves a batch of appeals filed by the Union of India through the Enforcement Directorate against orders of the Appellate Tribunal for Fore...

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Bombay High Court Hears FERA Appeals Against Penalty for Non-Realisation of Export Proceeds; Considers Whether Exporter Took Reasonable Steps Under Section 18(2) FERA. Court Examines Legality of Show Cause Notice and Effect of Pending RBI Write-Off Application.

The appeals were filed under the Foreign Exchange Management Act, 2000 and Foreign Exchange Regulation Act, 1973 against the order of the Appellate Tr...

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Bombay High Court Upholds Penalty for FERA Violation in Foreign Exchange Remittance Case. Directors and Company Held Liable for Making Payment to Non-Resident Without RBI Permission Under Section 9(1)(a) and 9(1)(d) of Foreign Exchange Regulation Act, 1973.

The case involves three appeals filed by Associated Capsules Private Limited and its two directors, Jasjit Singh and Ajit Singh, against an order of t...

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Bombay High Court Allows Loss Deduction for Confiscated Foreign Currency in Income Tax Reference. Foreign currency confiscated by customs authorities under FERA held allowable as business loss under Income Tax Act, 1961, even though treated as undisclosed income.

The case involves an income tax reference by the Revenue against the order of the Income Tax Appellate Tribunal (ITAT) for the assessment year 1982-83...