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Round-Tripping under FEMA: Judicial Approach and RBI Trends
Introduction Round-tripping refers to the practice where funds originating from India are routed through various offshore entities and subsequently reinvested back into India, ofte
From Malaysia to Tajikistan: The Shadow Economy of Global Trade Manipulation
Introduction In the complex web of global trade, a sophisticated shadow economy has emerged, operating at the boundaries of legality and often crossing into illicit territory. This
SEBI PFUTP Regulations 2003: Fraudulent Trade Practices Explained
Authored by: Aaditya Bhatt, Advocate Bhatt & Joshi Associates Introduction Before delving into the specific judicial pronouncements on the SEBI (Prohibition of Fraudulent and U
Considering Compounding FEMA Offences? Weighing the Pros and Cons
Introduction Facing a contravention under the Foreign Exchange Management Act, 1999 (FEMA), can be a cause for concern for individuals and entities involved in foreign exchange tra
How to Reply to FEMA Show Cause Notice: Step-by-Step Defence
Introduction Receiving a notice from the Enforcement Directorate (ED) or the Adjudicating Authority (AA) under the Foreign Exchange Management Act, 1999 (FEMA), can be an overwhelm
Section 42 FEMA: Director Liability for Company Contraventions
Introduction The Foreign Exchange Management Act, 1999 (FEMA) aims to regulate foreign exchange in India. When a company contravenes FEMA provisions, the Act also determines who ca
Role of Mens Rea in PFUTP Violations: Guilty Mind or Harmful Act?
An In-Depth Look at the Requirement of Intent (Mens Rea) in Indian Securities Fraud Cases under PFUTP Regulations and the Conflicting Judicial Landscape Author: Aaditya Bhatt Advoc
Fugitive Economic Offenders Act 2018: Declaration & Property Confiscation
Introduction India’s economic landscape has witnessed several high-profile cases of financial fraud and default, with perpetrators fleeing the country to evade prosecution. T
