Fema / RBI : The 2026 FEMA amendment removes uncertainty surrounding INR borrowings by resident individuals from NRIs and OCI relatives. The RB...
Fema / RBI : Explains how ECBs allow Indian entities to borrow abroad while ensuring compliance with RBI rules. Key takeaway: growth is enabled...
Fema / RBI : Expanding overseas is easier under new rules, but compliance risks remain. Missing filings or structuring errors can trigger penal...
Fema / RBI : The issue concerns alternative settlement mechanisms for international trade. The framework allows INR-based transactions with fle...
Goods and Services Tax : ECGC payouts in INR do not qualify as export proceeds under GST and FEMA laws. Exporters must secure AD bank write-offs to avoid r...
Corporate Law : Authorities found Dubai property acquisitions by Indian residents routed through hawala, leading to action for violations of FEMA ...
Fema / RBI : BCAS submits comments on RBI’s draft External Commercial Borrowings (ECB) regulations, seeking clarity on eligibility, KYC norms...
Fema / RBI : BCAS provides feedback on draft FEMA trade regulations, flags concerns over AD bank powers, seeks clarity and consistency....
Fema / RBI : New FEMA rules allow settlement of foreign exchange violations with penalties up to ₹5 crore. Pending cases will follow earlier ...
Fema / RBI : The Government amended FEMA regulations, enabling resolution of violations up to ₹5 crore by paying fines. Ongoing cases follow ...
Corporate Law : The Appellate Tribunal under SAFEMA held that routing demonetized cash through another person’s bank account constituted a benam...
Fema / RBI : The issue was whether properties purchased using company funds could escape benami classification. The Tribunal held that unexplai...
Fema / RBI : The Tribunal ruled that transactions predating the alleged crime cannot be treated as proceeds of crime without a clear link. It s...
Fema / RBI : The issue was whether properties unconnected to crime could be attached under PMLA. The Tribunal held that equivalent value assets...
Fema / RBI : The Tribunal ruled that taxation of income does not negate its use in benami transactions. Even disclosed or assessed income can f...
Fema / RBI : RBI has withdrawn the requirement for prior approval of tie-ups between AD banks and non-bank remittance platforms. The new framew...
Fema / RBI : RBI has notified Foreign Exchange Management (Authorised Persons) Regulations, 2026 to streamline authorisation norms under FEMA. ...
Fema / RBI : RBI notified the Foreign Exchange Management (Authorised Persons) Regulations, 2026 introducing revised eligibility, compliance, a...
Fema / RBI : The issue involved foreign investment limits in the insurance sector under FEMA regulations. The amendment allows up to 100% FDI u...
Fema / RBI : The issue involved foreign investment from countries sharing land borders with India. The amendment mandates Government approval f...
The Appellate Tribunal upheld the attachment of two plots of land, ruling the cash-paid transactions were benami because the appellant failed to prove the source of consideration. The ruling confirmed that the funds were provided by an unidentified person, satisfying the test under PBPTA Section 2(9)(D).
The legal issue was whether property acquired before the predicate offense date can be attached as a value-equivalent under PMLA. The Tribunal confirmed the attachment, ruling that pre-offence property can be attached to secure the vanished proceeds of crime. Key Takeaway: PMLA’s definition of proceeds of crime includes equivalent value property, overriding the acquisition timeline when actual proceeds are untraceable.
The Appellate Tribunal set aside the Adjudicating Authority’s revocation and confirmed the benami attachment on a ₹9.5 lakh transaction that occurred during demonetisation. The transaction was found to be an accommodation entry where cash was deposited into an account and immediately transferred to a firm against commission.
The Appellate Tribunal confirmed the attachment of multiple properties linked to an NDPS convict, rejecting the spouse’s claims of legitimate acquisition. The ruling emphasized that unverified cash gifts and loans, and mere ITR filings, are insufficient to rebut the statutory presumption under Section 68J of the NDPS Act.
The Tribunal found the ED’s delayed prosecution complaint timely in view of the pandemic-related exclusion of limitation. It confirmed the attachment of Karti Chidambaram’s Jor Bagh property and bank accounts, rejecting claims of lapse under Section 8(3)(a).
The Appellate Tribunal confirmed the attachment of 511 properties valued at Rs.96.05 crore, ruling they were proceeds from illegal granite mining. The judgment reaffirmed that money-laundering is a continuing offense, validating the attachment even for assets acquired before the PMLA came into force.
Finding procedural lapses in document disclosure, the Tribunal invalidated the ED’s order retaining ₹5.75 lakh seized from Gurudev Jewellers. It reaffirmed that all relied-upon documents must be provided to affected parties to ensure fair adjudication.
The Tribunal confirmed that a benami transaction occurred when ₹43.5 lakh of unaccounted cash was routed through a third-party firm as an accommodation entry. However, due to inconsistent evidence regarding the link between this benami cash and the attached property, the case was remanded for a new adjudication.
Rejecting claims of legitimate book payments, the Tribunal found that amounts received from Future Maker Life Care were linked to money laundering. It upheld the ED’s attachment orders against Mind is King and its partners.
Appellate Tribunal confirmed that money is a liquid form of asset under FEMA Section 3(d), rejecting the exporter’s argument to the contrary in a fraudulent export scheme. The Tribunal confirmed the contravention but reduced the cumulative penalty from Rs.12 lakh to Rs.6 lakh.
