I am basically a litigation lawyer. Practicing in focussed FERA/FEMA,
Trademarks, Copyrights, Company laws, cheque-bouncing matters, breach
of contract, drafting, vetting, registration of documents, agreements
etc. plus matrimonial issues and cyber laws. Mainly in appellate side.
I want to raise a debate as to the on going malady that a counsel has
to face in prosecuting and protecting the interest of clients in
respect of FERA/FEMA matters.
And as you would note that FERA stands repealed and a less harsh
enactment, FEMA has come in place. The foreign exchange reserve of the
country has remarkably improved. The RBI has liberalized its norms for
waiver/write off of its export proceeds from the foreign exchange point
of view. As par the Circular of the RBI, the non-realisation upto 10%
could be written off by the Exporter himself. But, what happens is that
an export during the FERA regime, the said Circular may not be
applicable per force, but is a precursor as to how favorably
applications like the present should be dealt with. But does it go in
the minds of banks/tribunal/rbi while taking into account the trauma an
exporter has to face. One way, non/less repatriation and other way,
wrath of penalty being imposed by ED/ATFE. A case of double jeopardy.
No.
Lets debate.
e_advocate: my ID is e_adv...@yahoo.co.uk &
forexlaw...@yahoo.com
Regards.
Rabin Majumder
Advocate, Legal Consultant.