Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
The HC held that the detention of the petitioner's two gold bangles by Customs was unlawful due to the absence of a show cause notice and denial of personal hearing, violating principles of natural justice under Section 124 of the Customs Act. The court rejected reliance on a pre-printed waiver for these procedural safeguards. The jewellery, worn as personal effects during a religious pilgrimage, fell within exemptions under the relevant customs rules. Since the mandatory show cause notice was not issued within the prescribed one-year period, the continued seizure was impermissible. Consequently, the court set aside the detention order and directed the immediate release of the jewellery to the petitioner within two weeks. The petition was accordingly disposed of.
The HC held that the detention of the petitioner's two gold bangles by Customs was unlawful due to the absence of a show cause notice and denial of personal hearing, violating principles of natural justice under Section 124 of the Customs Act. The court rejected reliance on a pre-printed waiver for these procedural safeguards. The jewellery, worn as personal effects during a religious pilgrimage, fell within exemptions under the relevant customs rules. Since the mandatory show cause notice was not issued within the prescribed one-year period, the continued seizure was impermissible. Consequently, the court set aside the detention order and directed the immediate release of the jewellery to the petitioner within two weeks. The petition was accordingly disposed of.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4801
Join Channel
TaxTMI 
