Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
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The HC held that the Customs Department's detention of the petitioner's gold bangles, worn as personal effects during a religious pilgrimage, was unlawful due to the absence of a Show Cause Notice (SCN) and denial of personal hearing, violating principles of natural justice and Section 124 of the Customs Act. The court rejected reliance on a pre-printed waiver of SCN and hearing, emphasizing mandatory compliance with procedural safeguards under Section 110. As the jewellery constituted exempt personal effects, their continued seizure was untenable. The court ordered immediate release of the detained gold bangles within two weeks, permitting collection by the petitioner or an authorized representative upon appropriate communication. The petition was disposed of accordingly.
The HC held that the Customs Department's detention of the petitioner's gold bangles, worn as personal effects during a religious pilgrimage, was unlawful due to the absence of a Show Cause Notice (SCN) and denial of personal hearing, violating principles of natural justice and Section 124 of the Customs Act. The court rejected reliance on a pre-printed waiver of SCN and hearing, emphasizing mandatory compliance with procedural safeguards under Section 110. As the jewellery constituted exempt personal effects, their continued seizure was untenable. The court ordered immediate release of the detained gold bangles within two weeks, permitting collection by the petitioner or an authorized representative upon appropriate communication. The petition was disposed of accordingly.
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