Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Sale of confiscated gold without notice was held contrary to the applicable departmental circular and the principles of natural justice, because para 3 extended notice protection even where appeal or other legal remedies had not been exhausted. The HC rejected the contention that confiscated goods could be auctioned without notice, and treated the non-issuance of notice as fatal to the sale. Since the gold had already been sold, redemption could not be made illusory: the later refund computation based on tariff value and transfer date was held untenable, and the petitioners were directed to receive the value of the gold on the date of the de novo redemption order, after statutory deductions.
Sale of confiscated gold without notice was held contrary to the applicable departmental circular and the principles of natural justice, because para 3 extended notice protection even where appeal or other legal remedies had not been exhausted. The HC rejected the contention that confiscated goods could be auctioned without notice, and treated the non-issuance of notice as fatal to the sale. Since the gold had already been sold, redemption could not be made illusory: the later refund computation based on tariff value and transfer date was held untenable, and the petitioners were directed to receive the value of the gold on the date of the de novo redemption order, after statutory deductions.
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