Treaty benefit, goodwill depreciation and hedging costs: export commission disallowed, while key business deductions and depreciation claims succeeded...
Undisclosed foreign asset classification requires an unexplained source; unrebutted affidavits and corroborative evidence defeated the Black Money Act...
Customs seizure of gold bars requires objective material showing reasonable belief of smuggled or foreign origin; mere suspicion, a high purity test report, or a claimed "diamond marking" is insufficient without corroborating evidence. The text also stresses that co-noticee statements must be independently supported and properly brought on record under Section 138B before they can sustain confiscation. Penalty under Section 112(b)(i) applies only where the goods are liable to confiscation and the person knowingly dealt with them or had reason to believe they were so liable. The discussion notes that confiscation and penalties were set aside on the recorded facts.
Customs seizure of gold bars requires objective material showing reasonable belief of smuggled or foreign origin; mere suspicion, a high purity test report, or a claimed "diamond marking" is insufficient without corroborating evidence. The text also stresses that co-noticee statements must be independently supported and properly brought on record under Section 138B before they can sustain confiscation. Penalty under Section 112(b)(i) applies only where the goods are liable to confiscation and the person knowingly dealt with them or had reason to believe they were so liable. The discussion notes that confiscation and penalties were set aside on the recorded facts.
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