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...
Writ interference despite an alternative statutory remedy is confined to cases of patent jurisdictional defect or manifest breach of natural justice. Complaints that the reply was inadequately considered, hearing notices were not served, a statement was coerced and later retracted, or cross-examination was denied were treated as issues of factual appraisal or merits for the appellate forum, so the writ was not entertained and the petitioner was left to the statutory appeal. The Court also accepted that the proper officer conducting Section 73 or 74 adjudication can impose consequential penalty under Section 122 in the same proceeding, without separate penalty proceedings, and rejected the competence challenge.
Writ interference despite an alternative statutory remedy is confined to cases of patent jurisdictional defect or manifest breach of natural justice. Complaints that the reply was inadequately considered, hearing notices were not served, a statement was coerced and later retracted, or cross-examination was denied were treated as issues of factual appraisal or merits for the appellate forum, so the writ was not entertained and the petitioner was left to the statutory appeal. The Court also accepted that the proper officer conducting Section 73 or 74 adjudication can impose consequential penalty under Section 122 in the same proceeding, without separate penalty proceedings, and rejected the competence challenge.
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