Writ petition challenging contravention of FEMA laws and penalty ...

Writ Petition Dismissed: Non-Maintainable Due to Alternative Remedies; Penalty Imposed Under FEMA Laws Stands Valid.

July 26, 2024

Case Laws FEMA HC

Writ petition challenging contravention of FEMA laws and penalty imposed held non-maintainable due to availability of alternative statutory remedies. Petitioner not granted immunity from adjudication proceedings initiated before insolvency resolution process. Exceptions for entertaining writ petitions like breach of fundamental rights or natural justice not applicable. Respondent authority possessed power to impose penalty. Mere withdrawal of recovery proceedings does not impact validity of penalty order. Writ petition dismissed as devoid of merits.

View Source

← Previous Next →

Writ petition challenging contravention of FEMA laws and penalty ...

Writ Petition Dismissed: Non-Maintainable Due to Alternative Remedies; Penalty Imposed Under FEMA Laws Stands Valid.

July 26, 2024

Case Laws FEMA HC

You may also like:

Petition maintainable - alternative remedy available - order appealable - non-constitution of Tribunal - Government issued Removal of Difficulties Order and CBIC issued...

Petition maintainability hinges on alternative remedy availability. Excess tax refund due to ignorance and legal ambiguity. Supreme Court ruled that purely legal...

Debts due to secured creditors under SARFAESI Act have priority over debts under FEMA. SARFAESI Act being a later enactment prevails over earlier FEMA. SARFAESI Act...

Non-discharge of service tax - extended period invoked, service tax demanded - penalties imposed u/ss 77 and 78 of Finance Act, 1994 - appellant providing taxable...

Maintainability of petition discussed - availability of alternative remedy considered - cancellation of registration under CGST/APGST Act, 2017 - alleged violation of...

Levy of Penalty u/s 112 - Scope of the show cause notice - The CESTAT noted that, no show cause notice has been issued proposing the demand of differential duty or the...

HC dismissed writ petitions challenging show cause notices under FEMA, upholding preliminary objection regarding maintainability due to available statutory remedies....

Levy of penalty - Generalia specialibus non derogant - levy of special penalty over general penalty - the Commissioner perfectly justified in imposing penalty under...

Writ petition - alternative remedy - Transfer pricing adjustments - ALP - retrospective effect to section 92CA (2A) - sale of the call centre business - Writ Petition...

Power of HC to entertain writ petition where alternative appellate remedy is available

Non-fulfilment of export obligation under Advance Authorization by importer company. Penalty imposed on directors solely based on their shareholding and directorship,...

The case involved a violation of the FEMA Act due to accepting and placing bets on cricket matches for clients. The appellant was linked to the raided premises where...

Power of High Court to entertain writ petition - alternative efficacious remedy u/s 129A - The court decided not to entertain the petitions on the basis of the...

Penalty imposed under FEMA for non-compliance with Paragraph 9(1)(B) of Schedule 1 to FEMA Regulations, 2000. Section 13 FEMA does not require intention for penalizing...

Levy of penalties u/ss 122 and 129 of CGST/SGST Acts - expiry of e-way bill - mens rea in penalty imposition. Technically, violation of law by petitioner in transporting...

Quick Updates: