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...
Judicial review of a Look Out Circular is confined to testing whether the originating authority acted within constitutional and legal limits; it does not permit re-evaluation of that authority's subjective satisfaction that foreign travel would harm India's economic interests. Review may intervene where no material exists, or the material is speculative or so insubstantial that no reasonable authority could rely on it. Material relating to alleged trade-based money laundering, hawala transactions, over-invoiced exports, fraudulent export incentives, bogus purchases, fake invoices and undisclosed foreign investment was sufficient for the travel restriction. The Look Out Circular was upheld, the order quashing it was set aside, and the challenge was dismissed.
Judicial review of a Look Out Circular is confined to testing whether the originating authority acted within constitutional and legal limits; it does not permit re-evaluation of that authority's subjective satisfaction that foreign travel would harm India's economic interests. Review may intervene where no material exists, or the material is speculative or so insubstantial that no reasonable authority could rely on it. Material relating to alleged trade-based money laundering, hawala transactions, over-invoiced exports, fraudulent export incentives, bogus purchases, fake invoices and undisclosed foreign investment was sufficient for the travel restriction. The Look Out Circular was upheld, the order quashing it was set aside, and the challenge was dismissed.
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