The AT held that the appellant, a non-Indian citizen, does not ...

Foreign Exchange Regulation Act Interpretation: Non-Indian Citizen's Residential Status Challenged Under Section 8(1)

April 29, 2025

Case Laws     FEMA     AT

The AT held that the appellant, a non-Indian citizen, does not fall under the definition of "person resident in India" under FERA. The tribunal rejected the appellant's arguments and found insufficient evidence to prove the applicant's residential status during the relevant period. Consequently, the application of section 8(1) restricting foreign exchange transactions could not be substantiated. The tribunal summarily dismissed the first argument raised by the appellant and concluded that the provisions of the Act do not automatically apply solely to non-citizen individuals without establishing specific residential criteria as defined in the statutory provisions.

View Source