IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
Tapabrata Chakraborty, Reetobroto Kumar Mitra
Sanjay Jhunjhunwala – Appellant
Versus
Reserve Bank Of India – Respondent
JUDGMENT :
Reetobroto Kumar Mitra, J.
1. The present appeal challenges an order passed by a learned Single Judge on 1st April, 2025, dismissing the Writ Petition filed by the appellant herein. The primary prayer in the Writ Petition was that the writ petitioner be permitted to renew the compounding application made by him, thereby quashing the rejection of the compounding application on 11th September, 2024.
2. The facts in a nutshell are:-
a. The petitioner utilised the liberalised remittance scheme between February 2011 and 8th February 2013 to remit USD5,99,999 equivalent to (at prevailing exchange rate at the time) Rs. 2.97 crores to the LGT Bank of Singapore.
b. The purpose of such remittance was to invest in international bonds, securities and mutual funds through a foreign currency denominated portfolio investment account.
c. The amount invested by the petitioner was used to earn profit for the LGT Bank from its own portfolio bank.
d. The bank would give short term advances for optimising gains against the pledge of investment held in the appellant’s portfolio account.
e. Such investment resulted in large gains for the petitioner.
f. The petitioner, some time in 2015, closed the acco
Compounding applications under the Foreign Exchange Management Act cannot be entertained post-adjudication, as they defeat the Act's intent to streamline penalty processes and require admission of co....
Rule of law which is one of the basic features of our Constitution envisages the administration of justice in accordance with law; Courts do this job ordinarily; a purported subordinate legislation w....
Once a contravention has been compounded, no further proceedings can be initiated or continued against the person committing the contravention.
The Enforcement Directorate cannot withhold a no-objection certificate for compounding applications unless serious contraventions are established, which was not the case here.
The application of new compounding guidelines for offences under the Income Tax Act cannot override previously established rights affirmed by judicial orders, maintaining the principle of legal final....
A circular cannot override or restrict the application of specific provisions enacted by the legislature and cannot take away a statutory right with which an assessee has been clothed.
The complainant has the unilateral right to compound offences under Section 138 of the NI Act, independent of the guidelines in Damodar S. Prabhu.
The main legal point established in the judgment is that the accused's failure to adhere to the terms of settlement amounted to playing fraud on the Court, leading to the unravelling of the settlemen....
Under Section 147 of the Negotiable Instruments Act, offences are compoundable, allowing for quashing of conviction upon mutual settlement between parties.
The main legal point established in the judgment is that SEBI's consent is necessary for compounding the offense under Section 24A of the SEBI Act, and the court must obtain the views of SEBI for gui....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.