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Singapore Property Purchase: Penalty Upheld in FEMA Contravention Case

Case Law Details

TaxGuru Citation
2025 taxguru.in 10328
Case Name
Union of India Vs Rajeev Jhawar (Appellate Tribunal Under SAFEMA At New Delhi)
Date of Judgement/Order
Only available for paid members
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Union of India Vs Rajeev Jhawar (Appellate Tribunal Under SAFEMA at New Delhi)

FEMA Violation in Singapore Property Purchase- Penalty Found Reasonable – No Case for Penalty Enhancement – Tribunal Upholds ₹1 Crore Fine in Jhawar FEMA Case

The Union of India filed an appeal challenging the order dated 29.09.2020 passed by the Special Director, Enforcement Directorate, Kolkata, whereby penalty of ₹1 crore each had been imposed on Shri Rajeev Jhawar & Shri Brij Kishore Jhawar for contravention of provisions of the Foreign Exchange Management Act, 1999. The alleged violations related to Sections 4, 6(3)(d), 6(d) & 6(e) of FEMA read with the relevant regulations governing acquisition of immovable property abroad & foreign exchange borrowing/lending.

The Enforcement Directorate alleged that Shri Brij Kishore Jhawar siphoned off funds from his company for personal use, wrongly declared himself as a Non-Resident Indian (NRI) in FY 2009-10 to avoid disclosure of overseas income, received 18 million Thai Baht (≈₹3.6 crore) as consultancy fees from Usha Siam Steel Ltd., & remitted ₹2.39 crore from his foreign accounts in 2007-08 without disclosure in Indian returns. It was further alleged that Shri Rajeev Jhawar acquired a residential property worth ₹100 crore in Singapore out of these siphoned funds.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,941

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