Professional Documents
Culture Documents
Present
R. Subramanian
Regional Director
(Applicant)
In exercise of the powers conferred under Section 15 (1) of Foreign Exchange
Management Act, 1999 and the Regulations/ Rules/ Notifications/ Orders made there
under, I pass the following
Order
The applicant has filed the compounding application dated July 21, 2017 received on
July 25, 2017 for compounding of contraventions of the provisions of the Foreign
Exchange Management Act, 1999 (the FEMA) and the regulations issued
thereunder. The contraventions sought to be compounded are (i) delay in reporting
receipt of foreign inward remittances; (ii) delay in submission of Form FC-GPR to the
Reserve Bank after issue of shares towards subscription to equity to a person
resident outside India in terms of Paragraph 9 (1) (A) and Paragraph 9 (1) (B) of
Foreign Exchange Management (Transfer or issue of Security by a Person Resident
outside India) Regulations, 2000 of Schedule 1 to Foreign Exchange Management
(Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2000
Compounding of contraventions under FEMA 1999
M/s. Innovare Labs Private Limited.
CA No HYD 228
notified vide Notification No. FEMA.20/2000-RB dated 3rd May 2000 and as
amended from time to time (hereinafter referred to as Notification No. FEMA 20
/2000-RB).
2. The relevant facts of the case are as follows:
a) The applicant is a resident company incorporated as Private Limited
Company under the Companies Act, 1956 on 02.08.2012 (CIN:
U24233TG2012PTC082289). The company is engaged in the business of
providing research and experimental development on natural sciences and
engineering.
b) The applicant had received foreign inward remittances from several foreign
investors towards advance for subscription to equity shares as indicated
below.
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Gardas
53 Adi Morreddy Reddy 3397500 11.02.2016 01.07.2016
and Renuka Reddy
Vemala
54 Adi Morreddy Reddy 2182277 06.04.2016 01.07.2016
and Renuka Reddy
Vemala
55 Farhad Hossain 3294341 30.03.2016 01.07.2016
Choudary
56 Mattigunta Narayana 1044307 24.02.2016 01.07.2016
Venkata Lakshmi
57 Seshagiri Rao 1013327 30.03.2016 01.07.2016
Marellapudi
58 Hirenkumar Anantrai 1021950 15.02.2016 01.07.2016
Desai
59 Jaya Lakshmi Chinta 1019702 16.02.2016 01.07.2016
60 Laxmi Sucharitha 1026120 12.02.2016 01.07.2016
Koralla
61 Murali Darivemula 1618710 24.02.2016 01.07.2016
and Rajya Lakshmi
Darivemula
62 Sambhavi Subhadra 1472900 10.03.2016 01.07.2016
Anuoindi
63 Priyadharsini Kasi 1026800 11.02.2016 01.07.2016
Chari and Sriram
Chari
64 Sujanendra Reddy 1646250 30.03.2016 01.07.2016
Yerabolu
65 Sujanendra Reddy 1673750 11.03.2016 01.07.2016
Yerabolu
66 Sujanendra Reddy 1673750 11.03.2016 01.07.2016
Yerabolu
67 Venu Kumar Pisike 3520400 08.02.2016 01.07.2016
and Vasavi Pisike
68 Venu Kumar Pisike 2010762 07.04.2016 01.07.2016
and Vasavi Pisike
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Chintu
89 Madhusudana Mallu 1036922 08.02.2017 23.02.2017
& Roopa Mallu
90 Madhu Venkata 1332000 20.02.2017 23.02.2017
Kolachina & Devi
Madhuri Kolachina
91 Purnachander R 2460880 27.03.2017 26.04.2017
Parupally
92 Venkatesh R Akkuluri 1294423 27.03.2017 26.04.2017
93 Deepak Kumar 1988538 28.03.2017 26.04.2017
Talakanti
94 Bala Krishna R Bali 1251120 10.04.2017 26.04.2017
Reddy and Ms.
Preethi
95 Prahadeeswaran 1025341 10.04.2017 26.04.2017
Dharmalingam
96 V Venkat Tadi 2504093 10.04.2017 26.04.2017
97 Darivemula LLC 1913005 08.05.2017 23.05.2017
98 N Ganapathi Reddy 952050 08.05.2017 23.05.2017
99 Joseph Reddy 2019206 10.05.2017 23.05.2017
Yeruva, Suji
Thirumalareddy
100 Naga Mahesh Kilaru, 1014379 10.05.2017 23.05.2017
Pod Sravanthi
Vadlamudi
101 Murthy V Adari, 2575412 19.05.2017 23.05.2017
Pavani Koyilada
102 Murali Darivemula 1290000 24.05.2017 25.05.2017
Total 15,91,94,472.58
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c) The company allotted equity shares and filed form FC-GPRs as indicated
below.
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The applicant filed form FCGPRs for the allotment of shares amounting to
` 15,90,66,633.25 /- as indicated above out of which shares amounting to
` 11,65,26,359 /- were reported with a delay ranging from 2 days to 11
months 26 days approximately beyond the prescribed limit. Whereas in terms
of Paragraph 9(1) (B) of Schedule 1 to Notification no. FEMA 20/2000-RB, an
Indian company issuing shares in accordance with these Regulations has to
submit to Reserve Bank a report in form FCGPR along with documents
prescribed therein within 30 days from the date of issue of shares to person
resident outside India. The applicant has refunded ` 78380/- to Ravi
Tadikonda and ` 47840/- to Gudibandala Jawaharlal Reddy on 21.08.2016
and 21.04.2015 respectively within the prescribed time limit. The remaining
difference between inflows and allotment of shares was adjusted towards
bank charges.
3. (a) The applicant was given an opportunity for personal hearing vide Reserve
Bank’s letter No. HY.FE.FID/686/14.66.003/2017-18 dated October 20, 2017 for
further submission in person and/or producing documents, if any, in support of the
application.
(b) The applicant appeared for personal hearing on October 23, 2017 during
which Shri Y Venkateswara Rao, Practising Company Secretary, Shri. Ajay Kumar
Rayudu, Associate Company Secretary and Shri. Ramanjaneya Reddy, Finance
Manager represented the applicant. The authorized representatives of the applicant
admitted the contraventions for which the compounding has been sought. During the
personal hearing it was submitted that the delay was due to ignorance of rules
initially and the employee looking after the reporting requirements leaving the job but
was not wilful or with a malafide intention. In view of the foregoing, the
representative of the applicant requested to take a lenient view in disposal of the
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application. The application for compounding is, therefore, being considered on the
basis of the averments made in the application as well the submissions made in this
context by the applicant during the personal hearing.
(a) Paragraph 9 (1) (A) of Schedule 1 to Notification No. FEMA 20/2000-RB for delay
in reporting the receipt of consideration towards issue of shares amounting to
` 10,09,25,204 /- and the delay ranges from 1 day to 1 year 2 months 2 days
approximately.
(b) Paragraph 9 (1) (B) of Schedule 1 to Notification No. 20/2000-RB for delay in
submission of Form FC-GPR to Reserve Bank after issue of shares to persons
resident outside India and the contravention relates to an amount of
` 11,65,26,359 /- and the period of contravention ranges from 2 days to 11 months
26 days approximately.
5. In terms of Section 13 of the FEMA, any person contravening any provision of the
Act shall be liable to a penalty up to thrice the sum involved in such contravention
upon adjudication. However, taking into account the relevant facts and
circumstances of the case as stated in the foregoing paragraphs, I am persuaded to
take a lenient view on the amount for which the contravention is to be compounded
and I consider that an amount of Rs. 1,73,010/- (Rupees One Lakh Seventy Three
Thousand Ten Only) will meet the ends of justice.
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Sd/-
(R. Subramanian)
Regional Director
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