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...
Smuggling - Gold, with Swiss markings - Contraband item - Validity of Seizure and Evidentiary Value of the Sworn Statement - The court found the seizure to be valid under the Customs Act, emphasizing the evidentiary value of the sworn statement made under Section 108 of the Act. Despite the later retraction of this statement, the court deemed other material evidence sufficient to support the initial findings. - The Swiss markings on the gold bars were deemed conclusive evidence of their foreign origin. The appellants successfully demonstrated that the respondents failed to establish a legal importation pathway for the gold into the country, thus justifying the seizure. - The High Court set aside the orders of the Appellate Authorities, restored the order of the original authority, and allowed the appeal in favor of the revenue-appellant with specified costs.
Smuggling - Gold, with Swiss markings - Contraband item - Validity of Seizure and Evidentiary Value of the Sworn Statement - The court found the seizure to be valid under the Customs Act, emphasizing the evidentiary value of the sworn statement made under Section 108 of the Act. Despite the later retraction of this statement, the court deemed other material evidence sufficient to support the initial findings. - The Swiss markings on the gold bars were deemed conclusive evidence of their foreign origin. The appellants successfully demonstrated that the respondents failed to establish a legal importation pathway for the gold into the country, thus justifying the seizure. - The High Court set aside the orders of the Appellate Authorities, restored the order of the original authority, and allowed the appeal in favor of the revenue-appellant with specified costs.
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