Petition dismissed; petitioner allowed to submit detailed disclosures and documents for re-consideration; notices for 2019-23 may be adjudicated on me...
Confiscation and duty recovery quashed where licensing records show export obligation discharged; customs lacks jurisdiction absent licence annulment ...
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The AT held that the impugned retention order concerning seized articles, including gold, violated natural justice by failing to issue the mandatory minimum 30-day notice under s.8(1) of the Act to require the appellant to disclose the source of income/assets; the Tribunal rejected the respondent's contention that a shareholder/director could be treated as representing the appellant without documentary authorization. Accordingly, the appeal is disposed of by way of remand: the matter is returned to the Adjudicating Authority with directions to serve the requisite s.8(1) notice on the appellant company and to adjudicate afresh in accordance with law and due process.
The AT held that the impugned retention order concerning seized articles, including gold, violated natural justice by failing to issue the mandatory minimum 30-day notice under s.8(1) of the Act to require the appellant to disclose the source of income/assets; the Tribunal rejected the respondent's contention that a shareholder/director could be treated as representing the appellant without documentary authorization. Accordingly, the appeal is disposed of by way of remand: the matter is returned to the Adjudicating Authority with directions to serve the requisite s.8(1) notice on the appellant company and to adjudicate afresh in accordance with law and due process.
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