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...
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Business expenditure substantiation supports scrap credits, statutory payments and expense claims, while depreciation requires proof of actual busines...
Smuggling - Betel Nuts - foreign origin goods - town seizure - notified item or not - onus to prove - The CESTAT recognized that betel nuts were not notified items under the Customs Act and therefore, the burden of proving smuggling rested with the Revenue. The appellants produced documents during interception to prove legal procurement of the betel nuts, shifting the burden of proof to the Revenue. - Since the Revenue failed to prove that the intercepted betel nuts were smuggled, the Tribunal set aside the confiscation of the goods and waived any penalties on the appellants.
Smuggling - Betel Nuts - foreign origin goods - town seizure - notified item or not - onus to prove - The CESTAT recognized that betel nuts were not notified items under the Customs Act and therefore, the burden of proving smuggling rested with the Revenue. The appellants produced documents during interception to prove legal procurement of the betel nuts, shifting the burden of proof to the Revenue. - Since the Revenue failed to prove that the intercepted betel nuts were smuggled, the Tribunal set aside the confiscation of the goods and waived any penalties on the appellants.
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