Admissibility of electronic evidence bars undervaluation demands where printouts, retracted statements and no cross-examination leave the case unprove...
Limitation in oppression and mismanagement proceedings: prior knowledge of removal and dilution barred the challenge, with valuation directions upheld...
Non-compliance with earlier remand directions, coupled with reliance on investigation statements without the procedure required for their proof, rendered the penalty order unsustainable. The Tribunal noted that the adjudicating authority had ignored specific directions to produce examination records, contemporaneous export values and, if necessary, allow examination or cross-examination of officers. It further held that statements recorded during investigation could not be used to prove their contents because the mandatory admissibility procedure had not been followed. The Tribunal also ruled that penalty under Section 114(iii) could not be imposed for exports made in 1999-2000, as that penal provision was not then in force, and set aside the penalties.
Non-compliance with earlier remand directions, coupled with reliance on investigation statements without the procedure required for their proof, rendered the penalty order unsustainable. The Tribunal noted that the adjudicating authority had ignored specific directions to produce examination records, contemporaneous export values and, if necessary, allow examination or cross-examination of officers. It further held that statements recorded during investigation could not be used to prove their contents because the mandatory admissibility procedure had not been followed. The Tribunal also ruled that penalty under Section 114(iii) could not be imposed for exports made in 1999-2000, as that penal provision was not then in force, and set aside the penalties.
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