Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
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
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