Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
Section 110(2) requires return of seized goods if notice under Section 124(a) is not issued within the stipulated period. Section 124's first proviso, however, permits oral notice and oral representation at the concerned person's request. A statement declining a show-cause notice or personal hearing does not itself establish that oral notice was given; together with the Department's assertion, it creates a factual dispute over whether oral proceedings and their statutory conditions existed. Such disputes, including alleged coercion in recording the statement, are not resolved in writ jurisdiction. The claim for automatic release of seized gold solely for lack of a written notice was rejected, leaving the competent authority to determine the oral proceedings and customs liability.
Section 110(2) requires return of seized goods if notice under Section 124(a) is not issued within the stipulated period. Section 124's first proviso, however, permits oral notice and oral representation at the concerned person's request. A statement declining a show-cause notice or personal hearing does not itself establish that oral notice was given; together with the Department's assertion, it creates a factual dispute over whether oral proceedings and their statutory conditions existed. Such disputes, including alleged coercion in recording the statement, are not resolved in writ jurisdiction. The claim for automatic release of seized gold solely for lack of a written notice was rejected, leaving the competent authority to determine the oral proceedings and customs liability.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4826 
Join Channel 
