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 - seizure of foreign origin gold bars - Burden of proof u/s 123 - Reliability of statements recorded u/s 108 - The Tribunal scrutinized the documents provided by the respondents, including invoices, stock registers, and GST returns, which were verified by the Customs authorities. The documents substantiated the respondents' claims of lawful procurement and transfer of gold. The Tribunal noted the Department's failure to disclose crucial follow-up reports from Kolkata Customs that supported the respondents' case. The Tribunal concluded that the respondents successfully discharged their burden of proof, and the seized gold was of Indian origin and legally possessed. - The appeals filed by the Department are dismissed. The Commissioner is directed to return the seized gold or its sale proceeds along with interest as per rules within six weeks.
Smuggling - seizure of foreign origin gold bars - Burden of proof u/s 123 - Reliability of statements recorded u/s 108 - The Tribunal scrutinized the documents provided by the respondents, including invoices, stock registers, and GST returns, which were verified by the Customs authorities. The documents substantiated the respondents' claims of lawful procurement and transfer of gold. The Tribunal noted the Department's failure to disclose crucial follow-up reports from Kolkata Customs that supported the respondents' case. The Tribunal concluded that the respondents successfully discharged their burden of proof, and the seized gold was of Indian origin and legally possessed. - The appeals filed by the Department are dismissed. The Commissioner is directed to return the seized gold or its sale proceeds along with interest as per rules within six weeks.
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