NDLI: Suborno Bose Vs. Enforcement Directorate & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Foreign Exchange Management Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Foreign Exchange Management Act, 1999 (42 of 1999)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Foreign Exchange Management Act, 1999 – ss.10(6), 16(3), 46 & 47; Proviso to s.42(1) – Adjudicating authority held that the appellant-Managing Director of the Company and the Company had violated s.10(6) r/w ss.46, 47 and paragraphs A-10 and A-11 (Current Account Transaction) of the Foreign Exchange Manual 2003-04 – Appeal before Special Director (Appeals), FEMA & Commissioner of Income-Tax, Delhi was dismissed – Appeal before High Court – Dismissed – Held: s.10(6) is a deeming provision pointing towards specified circumstances, which would result in having committed contravention of the provisions of the FEMA Act or for the purpose of the stated Section – In the present case, the finding of fact was that the import of goods for which the foreign exchange was procured and remitted was not completed as the Bill of Entry remained to be submitted and the goods were kept in the bonded warehouse and the Company took no steps to clear the same – s.10(6) is clearly attracted being a case of not using the procured foreign exchange for completing the import procedure – Contravention referred to in s.10(6) is a continuing actionable offence– Once it is held that the contravention is a continuing offence, the fact that the appellant was not looking after the affairs of the Company in 2000 (the year of contravention) would be of no avail to the appellant until corrective steps were taken in right earnest after his taking over the management of the Company (in terms of MoU dtd. 22.10.01) and in particular after becoming aware about the contraventions – No error committed by the adjudicating authority in finding that the appellant was also liable to be proceeded with for the contravention by the Company of which he became the Managing Director and for penalty therefor as prescribed for the contravention – First appellate authority and the High Court justly affirmed the said view – Foreign Exchange Management (Realisation, Repatriation and Surrender of Foreign Exchange) Regulations, 2000 – Regulation 6. Foreign Exchange Management Act, 1999 – Proviso to s.42(1) – Benefit under – When can be availed – Discussed.
Judge	Hon'ble Mr. Justice A.M. Khanwilkar
Neutral Citation	2020 INSC 278
Petitioner	Suborno Bose
Respondent	Enforcement Directorate & Anr.
SCR	[2020] 4 S.C.R. 60
Judgement Date	2020-03-05
Case Number	6267

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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