The appellant acquired and sold foreign currencies to Indian ...

Non-compliance with RBI foreign exchange rules led to unauthorized currency trading, search & seizure, and penalty imposition.

October 9, 2024

Case Laws     FEMA     AT

The appellant acquired and sold foreign currencies to Indian residents in violation of Section 3(a) of FEMA, 1999. The validity of the search and seizure conducted by the Directorate was upheld. The appellant's recorded statements, corroborated by seized documents from his residence, established his liability for unauthorized foreign exchange operations without RBI permission. Cross-examination denial did not prejudice the appellant due to independent corroborative evidence. While the appellant claimed efforts to keep his licensed money changer business clean, the penalty was reduced to Rs. 8,50,000/- considering the circumstances.

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