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Appellate Authority

ED Fails to Prove HSBC Geneva Account, FEMA Charges Dropped

October 25, 2025 1119 Views 0 comment Print

Appellate Tribunal dismissed FEMA proceedings after the ED could not provide authenticated HSBC Geneva bank statements. The ruling emphasizes that unverified evidence cannot support prosecution.

Tribunal Confirms Property Attachment Linked to LIC Commission Under PMLA

October 25, 2025 558 Views 0 comment Print

The tribunal ruled that commissions earned through LIC policies linked to a scheduled offence were rightly treated as proceeds of crime, justifying provisional attachment of property.

Bank’s Mortgage Rights Yield to Money-Laundering Attachment- PMLA Overrides SARFAESI

October 11, 2025 1146 Views 0 comment Print

The SAFEMA Tribunal dismissed a bank’s appeal, ruling that PMLA attachment of mortgaged property overrides secured rights under the SARFAESI and RDB Acts. The decision affirms the Supreme Court’s NSEL verdict that secured creditors lack priority over assets attached as proceeds of crime.

Intended Use of Agricultural Land Has No Bearing on FEMA Violation

October 10, 2025 1107 Views 0 comment Print

The SAFEMA Appellate Tribunal held that NRIs cannot buy agricultural land in India, regardless of intended non-agricultural use. Penalty reduced due to bona fide conduct.

Mumbai Court Grants Bail in alleged ₹9.19 Crore GST Fraud Case

September 10, 2025 840 Views 0 comment Print

Mumbai Magistrate Court grants bail to Akhtar Yunus Khan, a businessman accused in a ₹9.19 crore GST fraud case, citing his cooperation and the completion of custodial interrogation.

FEMA Violation by NRI – Why Using a Resident Account Can Cost You Heavily

September 5, 2025 6831 Views 0 comment Print

Appellate Tribunal reduced a FEMA penalty against an NRI who received property sale proceeds in a resident account, citing the lack of fraudulent intent.

Mumbai businessman in ₹9.19 crore ITC fraud case granted bail

August 22, 2025 714 Views 0 comment Print

A Mumbai businessman, Tribhuwan Chittranjan Sinha, received bail in a Rs.9.19 crore GST fraud case, with the court noting his cooperation with the investigation.

Return to India Doesn’t Override 182-Day FEMA Test

August 8, 2025 1887 Views 0 comment Print

An appellate tribunal upheld a penalty on an NRI for purchasing agricultural land, dismissing arguments on the ‘omission vs. repeal’ of a key FEMA provision.

Anticipatory Bail Granted in ₹75 Cr GST ITC Fraud Case

May 20, 2025 5580 Views 0 comment Print

Patiala House Courts grants anticipatory bail to a director in a ₹75 crore fake GST ITC fraud case, emphasizing cooperation and documentary evidence.

Foreign Nationals Becoming Indian Residents Under FEMA Can Acquire Property

May 14, 2025 1668 Views 0 comment Print

FEMA Tribunal upholds Special Director Appeals decision, ruling British national was ‘resident in India’ when buying properties in Goa.

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