Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
Customs relief for Strait of Hormuz maritime disruptions remains available, with existing conditions continuing unchanged through the extended validit...
10kg of gold consisting of 10 gold bars, with 7 bars bearing foreign markings and 3 bars without markings, was seized along with cash from an employee of the appellant. The appellant claimed the 3 unmarked bars were melted from old jewelry. Section 123 of the Customs Act was invoked, requiring the appellant to prove the 7 marked bars were not smuggled goods. The Tribunal held there was reasonable belief of smuggling for the 7 bars, but not for the 3 unmarked bars, shifting the burden of proof to the department for those. The department failed to prove the 3 bars were smuggled. Confiscation of the 7 marked bars was upheld as smuggled goods u/s 111(d), but confiscation of the 3 unmarked bars was set aside. Penalties u/ss 112 and 114AA were reduced proportionately. The appeal was partly allowed, and the department was directed to release the 3 unmarked bars.
10kg of gold consisting of 10 gold bars, with 7 bars bearing foreign markings and 3 bars without markings, was seized along with cash from an employee of the appellant. The appellant claimed the 3 unmarked bars were melted from old jewelry. Section 123 of the Customs Act was invoked, requiring the appellant to prove the 7 marked bars were not smuggled goods. The Tribunal held there was reasonable belief of smuggling for the 7 bars, but not for the 3 unmarked bars, shifting the burden of proof to the department for those. The department failed to prove the 3 bars were smuggled. Confiscation of the 7 marked bars was upheld as smuggled goods u/s 111(d), but confiscation of the 3 unmarked bars was set aside. Penalties u/ss 112 and 114AA were reduced proportionately. The appeal was partly allowed, and the department was directed to release the 3 unmarked bars.
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