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...
The court examined the invocation of the extraordinary remedy under Article 226 of the Constitution of India concerning the seizure of goods and the adjudication order. The foundational aspect of "reason to believe" for seizure and initiation of proceedings was found to be absent. The seizure was based on the belief of illegal import, while the adjudication proceeded on the allegation of illegal export, leading to a clear lack of jurisdiction. The denial of cross-examination of the seizing officer violated the principles of natural justice. These factors justified invoking the extraordinary remedy under Article 226. Consequently, the High Court allowed the writ petition and set aside the impugned order.
The court examined the invocation of the extraordinary remedy under Article 226 of the Constitution of India concerning the seizure of goods and the adjudication order. The foundational aspect of "reason to believe" for seizure and initiation of proceedings was found to be absent. The seizure was based on the belief of illegal import, while the adjudication proceeded on the allegation of illegal export, leading to a clear lack of jurisdiction. The denial of cross-examination of the seizing officer violated the principles of natural justice. These factors justified invoking the extraordinary remedy under Article 226. Consequently, the High Court allowed the writ petition and set aside the impugned order.
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