This case pertains to penalties imposed for alleged violation of ...

Penalties nullified due to lack of evidence for alleged foreign exchange violation.

Case Laws     FEMA

September 3, 2024

This case pertains to penalties imposed for alleged violation of the Foreign Exchange Regulation Act (FERA), 1973. The respondent claimed the appellant transferred 70,000 pounds to purchase a house in the UK, contravening FERA provisions. The appellant retracted his initial statement implicating the transfer, attributing it to a dispute with his sister and brother-in-law. The key points are: the respondent failed to substantiate the transfer of 70,000 pounds; the retraction was prompt; the brother-in-law's statement lacked specificity; no documentary evidence of property transfer existed; the brother-in-law's affidavit claimed ownership of the house; and the appellant's father's statement was hearsay. Consequently, the Appellate Tribunal held that the respondent failed to prove the FERA violation, and the penalty imposition was unjustified due to lack of evidence regarding the alleged foreign exchange contravention.

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