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FEMA - Highlights / Catch Notes

Home Highlights September 2024 Year 2024 This

Offence under FEMA - enhancement of penalty. Export obligations ...


Delayed export obligations result in penalties for technical FEMA contraventions.

Case Laws     FEMA

September 12, 2024

Offence under FEMA - enhancement of penalty. Export obligations not completed within prescribed period for 21 foreign remittances, constituting technical contravention. Section 13(1) FEMA allows maximum penalty of three times the contravention amount, without prescribing fixed or minimum penalty. Adjudicating Authority's discretion to impose judicious penalty based on case facts. Export proceeds realized with delay, indicating no intention to contravene substantive provisions. Penalty of Rs. 2 lakh each on both noticees meets ends of justice for technical contraventions. Adjudicating Authority's order cannot be interfered with, as reasons for penalty imposition are reasonable. Appellate Tribunal upholds the order.

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