Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
FEMA - Highlights / Catch Notes

Home Highlights July 2022 Year 2022 This

Offence under FEMA - Levy of penalty post compounding orders - ...


Petitioners Not Liable for FEMA Contraventions After Compounding Orders Issued, Despite Timing Gap.

July 23, 2022

Case Laws     FEMA     HC

Offence under FEMA - Levy of penalty post compounding orders - We cannot hold petitioners responsible for contravention once the compounding orders have been passed. We have noted that there is a gap of “one day” between the passing of the two sets of orders, i.e., compounding orders and adjudicating order. Be that as it may, petitioners cannot be faulted and held liable for contravention once the compounding orders are passed by the Compounding Authority. That is the mandate of the statute. - HC

View Source

 


 

You may also like:

  1. Compounding of Contraventions under FEMA, 1999 - Cir. No. 57 Dated: December 13, 2011

  2. Foreign Exchange Management Act, 1999 (FEMA)-Compounding of Contraventions under FEMA, 1999 - Circular

  3. The High Court considered an application for compounding contravention under FEMA. The petitioner filed Form FC-TRS belatedly, leading to investigations and complaints....

  4. This document provides guidance on compounding of contraventions under the Foreign Exchange Management Act (FEMA), 1999. It outlines the process, eligibility criteria,...

  5. FEMA - Power to compound contravention - RBI was not bound to put an end to the compounding proceedings - the compounding proceedings initiated vide the compounding...

  6. The case pertains to the jurisdiction of impugned orders under the U.P.G.S.T. Act, 2017, and the time limitation u/s 73 and Section 44 of the Act. The key points are:...

  7. Validity of assessment order - absence of three-month gap - The petitioner's counsel argued for a three-month gap between the show cause notice and assessment order,...

  8. The petitioner, a US citizen and Overseas Citizen of India (OCI) cardholder, violated FEMA regulations by purchasing vast agricultural properties in India without RBI...

  9. Compounding of offences - threshold limit of holding directorship in companies - This Court is of the opinion that earlier one show cause notice was issued on...

  10. Violation of provisions of Section 10(6) of the FEMA Act - Responsibility of Authorised person - Considering the fact that the appellant admittedly became aware of the...

  11. Rejection of a compounding application filed beyond the prescribed time limit as per the CBDT circular. The High Court held that the CBDT cannot issue a circular...

  12. Master Circular on Compounding of Contraventions under FEMA, 1999. - Cir. No. 08 Dated: January 20, 2012

  13. Petition maintainable despite previously filed appeal. Order passed in violation of principles of natural justice by not allowing petitioner to file reply within...

  14. Offence under FEMA - enhancement of penalty. Export obligations not completed within prescribed period for 21 foreign remittances, constituting technical contravention....

  15. Validity of assessment order - alleged discrepancies in returns filed by the petitioner - The case involved a challenge to an assessment order by a petitioner in the...

 

Quick Updates:Latest Updates