Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
The HC set aside the Order-in-Original detaining petitioner's gold jewelry, finding violations of natural justice principles as no proper hearing was afforded and consent for waiving show cause notice was improperly obtained through a standard performa. Following established precedent that personal gold jewelry is not subject to confiscation, the court determined the detained gold chain constituted personal jewelry exempt from seizure. The respondent department's failure to provide proper notice and hearing rendered the impugned order unsustainable. The court directed the release of the petitioner's gold item within four weeks and disposed of the petition accordingly.
The HC set aside the Order-in-Original detaining petitioner's gold jewelry, finding violations of natural justice principles as no proper hearing was afforded and consent for waiving show cause notice was improperly obtained through a standard performa. Following established precedent that personal gold jewelry is not subject to confiscation, the court determined the detained gold chain constituted personal jewelry exempt from seizure. The respondent department's failure to provide proper notice and hearing rendered the impugned order unsustainable. The court directed the release of the petitioner's gold item within four weeks and disposed of the petition accordingly.
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