Did RBI Compounding FEMA Violations Affect Deccan Digital Networks?
Synopsis
Key Takeaways
New Delhi, Feb 11 (NationPress) The Reserve Bank of India (RBI) has executed a compounding order addressing the violations of the Foreign Exchange Management Act (FEMA) pertaining to Deccan Digital Networks Pvt Ltd, as announced by the Enforcement Directorate (ED) on Wednesday.
This compounding order was issued by the RBI on January 14 under Section 15 of the Foreign Exchange Management Act, 1999, effectively halting the proceedings against the company for alleged breaches of FEMA provisions, according to the ED's statement.
The statement elaborated that this order was granted by the RBI subsequent to receiving a ‘No Objection’ from the ED.
Following credible information, the ED initiated an investigation under the FEMA provisions.
Upon concluding the investigation, the ED lodged a complaint on December 27, 2012, under Section 16 of FEMA against Deccan Digital Networks, highlighting multiple infractions under FEMA, 1999, for which the RBI has now issued a compounding order.
The infractions include delayed reporting of foreign inward payments under Para 9(1)(A) of Schedule 1 to FEMA 20/2000-RB, amounting to Rs 11,82,84,399, and late submission of Form FCGPR after the issuance of shares as per Para 9(1)(B) of the same schedule, amounting to Rs 11,82,84,400.
In accordance with FEMA regulations, the Adjudicating Authority initiated proceedings by issuing a Show Cause Notice under Section 16 to the company and its directors/officers responsible for the business operations during the period of infraction.
The ED noted that the company later submitted a request to the RBI for compounding these infractions under Section 15 of the Act. Following a reference from the RBI, the ED granted a no objection in alignment with the Act's intentions.
Consequently, the RBI, acting on the ED's no objection, has compounded these violations through a one-time payment of Rs 1,03,333.
This action effectively terminates the adjudication proceedings under the FEMA provisions against the company regarding these infractions and mitigates further litigation, as stated by the ED.