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april 2019

Supreme Court of India · 2019-04-22

MAARS SOFTWARE INTERNATIONAL LTD. vs UNION OF INDIA

Citation / case number
SC 2017/35062
Court
Supreme Court of India
Petitioner
MAARS SOFTWARE INTERNATIONAL LTD.
Respondent
UNION OF INDIA
Author
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
Bench
HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE

Judgment text excerpt

The Supreme Court upheld the High Court's decision to allow the Civil Miscellaneous Appeals filed by the respondents and dismiss the writ petition by the appellants. The Court found that the Enforcement Directorate's complaint against the appellant-Company under Section 16(3) of the Foreign Exchange Management Act, 1999 (FEMA) was valid, as it established violations of Section 8 of FEMA and related regulations. The penalty imposed by the Special Director of Enforcement was affirmed, reinforcing the legal principle that compliance with FEMA is mandatory for companies engaged in foreign exchange transactions.

MAARS SOFTWARE INTERNATIONAL LTD. vs UNION OF INDIA · Niyam