Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
Eligibility for exemption depends on strict construction of the product description; reapers without binder are ineligible, but confiscation and penal...
Dominant issue: whether the provisional attachment under the Benami Transactions Act was supportable by evidence of a benami arrangement. The Tribunal held that the Initiating Officer bore the burden of proof and failed to adduce independent, admissible evidence (relying instead on Income-tax material and Section 131 statements) to pierce the corporate veil or show benefit passed to a beneficial owner; the target companies' own profitable business and assessed returns supported legitimate share allotment. Consequence: confirmation of the provisional attachment was rightly denied and the appeals dismissed. - AT
Dominant issue: whether the provisional attachment under the Benami Transactions Act was supportable by evidence of a benami arrangement. The Tribunal held that the Initiating Officer bore the burden of proof and failed to adduce independent, admissible evidence (relying instead on Income-tax material and Section 131 statements) to pierce the corporate veil or show benefit passed to a beneficial owner; the target companies' own profitable business and assessed returns supported legitimate share allotment. Consequence: confirmation of the provisional attachment was rightly denied and the appeals dismissed. - AT
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