Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
Penalty under Sections 112(a) and 112(b) of the Customs Act was unsustainable because the Revenue failed to prove the appellant's conscious involvement in the alleged smuggling or abetment with admissible evidence. The Tribunal held that the discarded statement of a co-noticee, which was not subjected to cross-examination as required under Section 138B, could not form the basis of penal action. It further found no corroboration from any seizure record, panchanama, incriminating document, financial link, communication trail, or role in import clearance. In the absence of tangible evidence connecting the appellant with the 5 live consignments or the earlier 26 consignments, both penalties were set aside.
Penalty under Sections 112(a) and 112(b) of the Customs Act was unsustainable because the Revenue failed to prove the appellant's conscious involvement in the alleged smuggling or abetment with admissible evidence. The Tribunal held that the discarded statement of a co-noticee, which was not subjected to cross-examination as required under Section 138B, could not form the basis of penal action. It further found no corroboration from any seizure record, panchanama, incriminating document, financial link, communication trail, or role in import clearance. In the absence of tangible evidence connecting the appellant with the 5 live consignments or the earlier 26 consignments, both penalties were set aside.
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