Concessional Basic Customs Duty on Ethernet switches: classification as enterprise switches upheld, challenge dismissed for lack of substantial law qu...
Insolvency petition based on admitted debt and default upheld; challenge for malicious initiation rejected, settlement may proceed under resolution fr...
Quashing of FIR and challenge to ECIR over alleged diversion of funds and preferential ESOP pricing dismissed after prima facie money-laundering findi...
Admissibility of statements recorded under section 108 and electronic records requires strict compliance with the statutory procedural safeguards in sections 138B and 138C; the adjudicating authority must examine the witness, form an opinion on admissibility, and afford cross-examination, and electronic printouts must satisfy prescribed certification and panchnama formalities, failing which the doctrine of exclusion applies. Because these mandatory procedures were not followed and statements were retracted without proper formalities for email printouts, re-determination of transaction value under the Valuation Rules and penalties based on those records could not be sustained, leading to allowance of the appeals.
Admissibility of statements recorded under section 108 and electronic records requires strict compliance with the statutory procedural safeguards in sections 138B and 138C; the adjudicating authority must examine the witness, form an opinion on admissibility, and afford cross-examination, and electronic printouts must satisfy prescribed certification and panchnama formalities, failing which the doctrine of exclusion applies. Because these mandatory procedures were not followed and statements were retracted without proper formalities for email printouts, re-determination of transaction value under the Valuation Rules and penalties based on those records could not be sustained, leading to allowance of the appeals.
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