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...
Penalties for shortages of duty-free gold and silver jewellery require evidence of intentional diversion to evade customs duty. Where the proprietorship concern itself reported the shortage, theft was indicated, and differential duty with interest was paid, penalties on the concern and the person supervising manufacturing operations do not sustain. Statements from persons unavailable for permitted cross-examination cannot be relied on without compliance with statutory conditions and corroboration; an unmatched police recovery does not conclusively establish involvement in removal of the goods. A proprietorship concern and its proprietor are legally the same entity, preventing separate penalties on both. Differential customs duty and interest remain payable, while all penalties are set aside.
Penalties for shortages of duty-free gold and silver jewellery require evidence of intentional diversion to evade customs duty. Where the proprietorship concern itself reported the shortage, theft was indicated, and differential duty with interest was paid, penalties on the concern and the person supervising manufacturing operations do not sustain. Statements from persons unavailable for permitted cross-examination cannot be relied on without compliance with statutory conditions and corroboration; an unmatched police recovery does not conclusively establish involvement in removal of the goods. A proprietorship concern and its proprietor are legally the same entity, preventing separate penalties on both. Differential customs duty and interest remain payable, while all penalties are set aside.
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