Ratification of resignation acceptance validates separation retrospectively, while withdrawal may be refused through reasoned administrative discretio...
Nature-dependent electricity contracts receive new Ind AS accounting, hedge designation, transition and financial-statement disclosure requirements fr...
Alternative GST remedy permitted protective writ intervention for ex parte adjudication, preserving independent appellate review of input tax credit d...
Assessment against deceased sole proprietor requires proceedings against the legal representative, rendering prior assessment and appellate orders inv...
Residential waste collection classification under SAC 999423 defeats composite-supply exemption where facilitating goods are not transferred to the lo...
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CESTAT examined the seizure of 3998.83 grams of gold from two individuals traveling by bus, determining the legality of the customs action. The tribunal found the department failed to establish reasonable belief for seizure under Section 110 of Customs Act, 1962. Critical procedural deficiencies were identified, including non-compliance with Section 138B and lack of concrete evidence proving smuggling. The absence of foreign markings on gold and failure to substantiate smuggling claims led the tribunal to conclude that the seizure was unsustainable. The burden of proof under Section 123 was not effectively discharged by the revenue authorities. Consequently, the tribunal allowed the appeal, quashing the seizure and potential penalties.
CESTAT examined the seizure of 3998.83 grams of gold from two individuals traveling by bus, determining the legality of the customs action. The tribunal found the department failed to establish reasonable belief for seizure under Section 110 of Customs Act, 1962. Critical procedural deficiencies were identified, including non-compliance with Section 138B and lack of concrete evidence proving smuggling. The absence of foreign markings on gold and failure to substantiate smuggling claims led the tribunal to conclude that the seizure was unsustainable. The burden of proof under Section 123 was not effectively discharged by the revenue authorities. Consequently, the tribunal allowed the appeal, quashing the seizure and potential penalties.
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