The case involves an offence under FEMA with regard to the ...

Company directors' liability under FEMA depends on their role, not just title. Lack of evidence led to dismissal.

Case Laws     FEMA

August 13, 2024

The case involves an offence under FEMA with regard to the business conduct of a company. The liability of a director for contravention of provisions depends on their role in the company, not just their designation. The main person in charge was actively involved in the company's affairs, while other directors were not. One retired director was directly responsible for accounts in foreign banks. The respondents, although directors, were not actively involved in decision-making or in charge of the company's affairs. Lack of evidence showing their responsibility for the company's conduct led the Appellate Tribunal to dismiss the Revision Petition.

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