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...
Statements recorded under s.108 of the Customs Act were held inadmissible because the department did not examine the makers as witnesses, failing the mandatory conditions of s.138B(1)(b); consequently, adjudication and penalty proceedings could not be sustained on such statements, and denial of cross-examination violated the "reasonable opportunity" under s.122A. The contention that absence of s.108 statements bars noticees from objecting was rejected as the statute creates no adverse inference for non-recording; the issue was answered against the revenue. Other framed questions were rendered unnecessary, and the appeals were dismissed. - HC
Statements recorded under s.108 of the Customs Act were held inadmissible because the department did not examine the makers as witnesses, failing the mandatory conditions of s.138B(1)(b); consequently, adjudication and penalty proceedings could not be sustained on such statements, and denial of cross-examination violated the "reasonable opportunity" under s.122A. The contention that absence of s.108 statements bars noticees from objecting was rejected as the statute creates no adverse inference for non-recording; the issue was answered against the revenue. Other framed questions were rendered unnecessary, and the appeals were dismissed. - HC
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4817 
Join Channel 
