Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
Customs confiscation requires a foundational reasonable belief of smuggling before the burden of proof can shift for notified gold; purity alone does not establish foreign origin or smuggled character. Foreign markings may establish prima facie foreign origin but, without corroborative evidence of smuggling, do not justify absolute confiscation; restricted gold may ordinarily be redeemed. Currency can be confiscated as sale proceeds only where the Department proves a clear nexus with sales of smuggled goods. Reliance on witness statements requires an opportunity for cross-examination and compliance with statutory conditions governing their use. Penalty is not automatic and must rest on proof of knowledge, intent or active involvement, while remaining proportionate.
Customs confiscation requires a foundational reasonable belief of smuggling before the burden of proof can shift for notified gold; purity alone does not establish foreign origin or smuggled character. Foreign markings may establish prima facie foreign origin but, without corroborative evidence of smuggling, do not justify absolute confiscation; restricted gold may ordinarily be redeemed. Currency can be confiscated as sale proceeds only where the Department proves a clear nexus with sales of smuggled goods. Reliance on witness statements requires an opportunity for cross-examination and compliance with statutory conditions governing their use. Penalty is not automatic and must rest on proof of knowledge, intent or active involvement, while remaining proportionate.
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