TIRTHANKAR GHOSH
ITC Limited – Appellant
Versus
S. K. Mukherjee – Respondent
| Table of Content |
|---|
| 1. commencement of revisional application under fera. (Para 1 , 2) |
| 2. legal arguments concerning permission and authority under fera. (Para 4 , 5 , 6) |
| 3. investigation details and findings regarding counter trade. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. liability of individuals based on their roles in the companies. (Para 15) |
| 5. court's stance on exoneration and its implications for criminal prosecution. (Para 17 , 19 , 20) |
| 6. conclusion quashing the complaint case. (Para 21 , 22 , 23) |
JUDGMENT :
Tirthankar Ghosh, J.
1. The present revisional application has been preferred challenging the proceedings being Case No. C-2482/2002 pending before the learned Metropolitan Magistrate, 9th Court, Calcutta under Sections 56 and 68 of the Foreign Exchange Regulation Act, 1973 (hereinafter referred to as “ FERA , 1973”).
2. The allegations as made in the petition of complaint, are reproduced as follows:
Radheshyam Kejriwal -Vs. State of West Bengal & Anr. reported in (2011) 3 SCC 581
Uttam Chand v. ITO [(1982) 2 SCC 543 : 1982 SCC (Tax) 150]
G.L. Didwania v. ITO 1995 Supp2 SCC 724
Videocon Industries Limited & Ors. –Vs. – State of Maharashtra & Ors. reported in (2016) 12 SCC 315
Joseph Salvaraj A. –Vs. – State of Gujarat & Ors.
Anand Kumar Hohatta & Anr. –Vs. – State (NCT of Delhi), Department of Home & Anr.
Air Customs Officer –Vs. – Pramod Kumar Dhamija reported in (2016) 4 SCC 153
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