Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Gold, a notified item under Section 123 of the Customs Act, was recovered from an appellant's personal possession and from concealment in a car; the claim of licit acquisition required the claimants to discharge the statutory reverse burden. As the appellants failed to prove lawful import/possession and relied on belated documents and retraction of statements, the gold was held to be smuggled and liable to confiscation under Section 111, resulting in upholding of absolute confiscation. Their knowing involvement in handling, transportation, and possession justified penalties under Section 112(b); the penalties were held reasonable and not liable to interference. Appeal dismissed - CESTAT
Gold, a notified item under Section 123 of the Customs Act, was recovered from an appellant's personal possession and from concealment in a car; the claim of licit acquisition required the claimants to discharge the statutory reverse burden. As the appellants failed to prove lawful import/possession and relied on belated documents and retraction of statements, the gold was held to be smuggled and liable to confiscation under Section 111, resulting in upholding of absolute confiscation. Their knowing involvement in handling, transportation, and possession justified penalties under Section 112(b); the penalties were held reasonable and not liable to interference. Appeal dismissed - CESTAT
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