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 May 2024 Year 2024 This

The Calcutta High Court dealt with a case involving a conviction ...


Conviction u/s 57 of FERA for non-realization of export proceeds, confirmed. Sentence modified to pay Rs. 3 lakhs fine.

Case Laws     FEMA

May 28, 2024

The Calcutta High Court dealt with a case involving a conviction u/s 57 of FERA for non-realization of export proceeds, which was later repealed and replaced by FEMA. The court held that FEMA provisions apply to offences committed under FERA. The petitioner was found guilty of violating FERA provisions before the enactment of FEMA. The court noted a sunset period for adjudicating FERA offences before FEMA's applicability. The court rejected leniency arguments based on FEMA provisions. The court invoked its inherent power u/s 482 CrPC to uphold the conviction, modifying the sentence to a fine of Rs. 3 lakhs due to the petitioner's age and the time lapse since the offence. The criminal revisional application was dismissed.

View Source

 


 

You may also like:

  1. Export of Goods and Software – Realisation and Repatriation of export proceeds – Liberalisation - Circular

  2. Recovery of Duty drawback - period for realization of export proceeds - The High court acknowledges the prima facie evidence provided by the petitioner, indicating...

  3. Violation under FERA - export proceeds were not realized - The case involved allegations of violations of the FERA Act, 1973 related to the failure to realize export...

  4. Maintainability of appeals u/s 377 of CrPC against inadequate sentence was examined. Offences u/s 279-A of IT Act, 1961 are non-cognizable, triable by Magistrate....

  5. Rebate claim for refund of service tax rejected - Export of consignment of garnets extracted from illegally mined sea sand - Export incentives not granted for proceeds...

  6. Offence under FERA - Non-realization of payment towards exported goods - “reasonable steps” to be taken for securing the sale proceeds of exports or not? - concerned...

  7. Refund of Customs duties paid at the time of assessment - goods short shipped - Since the goods under question were not exported, there is no relevance in bringing into...

  8. TP adjustment - Arms’ length price of international transaction of overdue export proceeds - non-charging of interest on advances being overdue export proceeds from...

  9. Export of Goods and Software – Realisation and Repatriation of export proceeds – Liberalisation . - Cir. No. 40 Dated: November 1, 2011

  10. Non-realization export proceedings of goods - convertible foreign exchange - Reasonable steps u/s 18(3) of FERA - The appellants adequately explained the steps taken by...

  11. Contravention of Section 18 (2) of the Foreign Exchange Regulation Act, 1973 - non-realization of export proceeds - DoE failed to make out a case of contravention of...

  12. Export Data Processing and Monitoring System (EDPMS) - Issuance of Electronic Bank Realisation Certificate (eBRC) - FEMA

  13. Penalty imposed on directors for contravening Export regulations under FEMA due to non-realization of export proceeds. No documentary evidence provided to support claims...

  14. The circular modifies the timeline for issuers of listed commercial paper to submit a certificate confirming fulfillment of payment obligations to stock exchanges....

  15. Amends Notifcation No. 57/2017 dated 30th June, 2018 - Rate of customs duty on import of certain items - Scope of entry relating to Tariff heading 8518 modified.

 

Quick Updates:Latest Updates