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FEMA - Highlights / Catch Notes

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Violation of FERA provisions - foreign exchange seized at ...


Illegal forex transfer foiled at airport, accused couldn't justify retraction.

Case Laws     FEMA

September 12, 2024

Violation of FERA provisions - foreign exchange seized at airport - reliance on statement recorded under Customs Act - validity of reliance despite retraction. Held: No retraction proved, mere retraction without justification cannot be accepted. Sufficient evidence to prove contravention - currency meant for delivery outside India without permission. Initiation of proceedings within sunset period of two years - issuance of show cause notice itself shows initiation within period. Acquittal in prosecution under Customs Act on technical ground of lack of sanction, not on merits, hence no bearing on present case. Appeal dismissed.

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