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...
Limitation for the show cause notice ran from the first police seizure on a smuggling allegation, so Customs could not extend time by treating the later transfer of custody as a fresh seizure; the notice was therefore time-barred and void. The purported Customs seizure also failed because reason to believe, the jurisdictional basis for seizure, was not shown on objective pre-seizure material. Section 123 did not apply because foreign origin was never established. The retracted custodial police statement was discarded for lack of independent corroboration, while family statements and the purchase receipt supported licit ancestral ownership. Confiscation and penalties under the Customs Act accordingly failed and the gold was directed to be released.
Limitation for the show cause notice ran from the first police seizure on a smuggling allegation, so Customs could not extend time by treating the later transfer of custody as a fresh seizure; the notice was therefore time-barred and void. The purported Customs seizure also failed because reason to believe, the jurisdictional basis for seizure, was not shown on objective pre-seizure material. Section 123 did not apply because foreign origin was never established. The retracted custodial police statement was discarded for lack of independent corroboration, while family statements and the purchase receipt supported licit ancestral ownership. Confiscation and penalties under the Customs Act accordingly failed and the gold was directed to be released.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4786
Join Channel
TaxTMI 
