Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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After the petitioner's tax liability for alleged unexplained jewellery stood fully and finally settled upon issuance of Form-5 under the Vivad se Vishwas Scheme, the department lacked statutory authority to continue detaining jewellery seized during a search. Detention on the ground that a joint locker-holder had an outstanding demand was held contrary to the CIT(A)'s findings on ownership and inconsistent with the scheme's finality, rendering the refusal illegal and perverse. The department was directed to release the seized jewellery (3473.700 g gold and 6.97 carat diamond) within two weeks and was saddled with exemplary costs for defiant conduct. -HC
After the petitioner's tax liability for alleged unexplained jewellery stood fully and finally settled upon issuance of Form-5 under the Vivad se Vishwas Scheme, the department lacked statutory authority to continue detaining jewellery seized during a search. Detention on the ground that a joint locker-holder had an outstanding demand was held contrary to the CIT(A)'s findings on ownership and inconsistent with the scheme's finality, rendering the refusal illegal and perverse. The department was directed to release the seized jewellery (3473.700 g gold and 6.97 carat diamond) within two weeks and was saddled with exemplary costs for defiant conduct. -HC
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