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

Writ petition against FEMA penalty dismissed due to statutory remedies. No immunity from adjudication pre-insolvency. No breach of rights/natural justice. Authority empowered to penalize.

Case Laws FEMA

July 26, 2024

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 against FEMA penalty dismissed due to statutory remedies. No immunity from adjudication pre-insolvency. No breach of rights/natural justice. Authority empowered to penalize.

Case Laws FEMA

July 26, 2024

You may also like:

Validity of order passed u/s 147 r.w.s.144B - availability of alternate statutory remedy - The High Court recognized that the arguments presented could be considered by...

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

Waiver of pre-deposit - requirement u/s 129E - The case revolved around the appellant's failure to fulfill the mandatory pre-deposit requirement under section 129E of...

Maintainability of petition - availability of alternative remedy of appeal - The practise of filing the Writ Petition without exhausting the statutory remedies are in...

Writ petition challenging adjudication order u/s 73(9) of West Bengal GST/CGST Act, 2017, dismissed. Proper officer failed to call for records before passing order,...

Writ petition under Article 226 dismissed due to availability of statutory remedy. Principles of natural justice not violated as petitioner failed to establish...

The High Court dismissed the petitioner's challenge to the reopening of assessment u/s 147, citing the petitioner's delayed compliance with notice u/s 148 and failure to...

immunity from imposing penalty u/s 270AA - Penalty u/s 270A for failure to file the return of income (ITR) - Under Section 270 AA of the Income Tax Act, immunity from...

Loss of immunity from Penalty u/s. 271AAA - Delay in payment full tax as per the order of Settlement Commission (ITSC) - DR in argument mentioned that the assessee had...

Service tax recovery from foreign government agencies for statutory fees/licenses - Petitioner's declaration under SVLDRS rejected - HC held pre-deposit amount during...

The High Court considered the maintainability of a petition u/s 107 of the U.P. Goods and Services Tax Act, 2017, in light of the availability of statutory remedy....

Maintainability of appeal against order under CGST/SGST Act adjudication on refund application dismissed. Appellant had option to pay amounts demanded or contest seizure...

The order dismissing the appeal due to non-payment of the mandatory pre-deposit amount u/s 35F of the Central Excise Act, 1944 was challenged. The court relied on a...

Validity of faceless assessment - allegation of the petitioner that it did not have the opportunity of being heard by the assessing officer - Liberty granted to the...

Recovery of demand - initiation of Garnishee proceedings - The assessment order and the demand does not remain merely a piece of paper, unless an assessee gets relief by...

Quick Updates: