Tribunal reduces FEMA penalty from ₹30 lakh to ₹10 lakh, confirming that unauthorised netting-off of ₹1.72 crore foreign commission violated statutory repatriation rules.
The Tribunal ruled that even without direct fund transfer, deep financial and management integration justified tagging the deposits as value of proceeds of crime. The attachment was sustained as the company formed part of the same economic group.
The Court upheld provisional attachment of Rs. 1.35 crore, finding the Appellant supplied cheaper PDW while claiming reimbursement at Rail Neer rates. The loss to the government and breach of mandatory supply obligations justified the action.
The tribunal confirmed penalties against a company and responsible directors for not realizing export proceeds of Rs.36 crores, emphasizing that commercial disputes cannot override FEMA obligations.
Tribunal upheld hawala and import undervaluation violations but significantly cut penalties for Dr. Manoharan and NTPL, fully exonerating two female directors. Key takeaway: Liability depends on active involvement, not mere association.
Delhi ITAT rules that reduction in percentage shareholding due to fresh share issuance is not a transfer under Income Tax law, providing relief to minority shareholders.
DRAT Chennai held that person aggrieved by an order of the recovery officer can prefer an appeal before Debts Recovery Tribunal. Accordingly, DRAT disposes of this Appeal by sending the appeal to DRT.
SC held that Act reintroduced provisions earlier struck down, violating judicial independence and constitutional principles. It restored earlier service conditions and protected prior appointments.
ITAT held that the assessee’s long-standing change of address constituted reasonable cause for late filing and remanded the case for merit-based adjudication.
The Tribunal held that one-time lease premium and salami for commercial units cannot be taxed as renting services because the transaction involved transfer of substantial property rights and construction service, not periodic rent. Car-parking fees were also found non-taxable under renting. The ruling provides key clarity for real estate developers on classification and abatement eligibility.
