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...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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Burden of proof in customs proceedings shifts to the respondent only upon a reasonable belief that goods are smuggled; here the department admitted domestic purchase invoices and produced no corroborative evidence of foreign origin, so the asserted smuggled character was unproven and confiscation could not be sustained. The appellate authority set aside the original detention and ordered unconditional release of the specified gold bar because proof of domestic chain of transaction and lawful acquisition was established and the Revenue failed to discharge evidentiary requirements.
Burden of proof in customs proceedings shifts to the respondent only upon a reasonable belief that goods are smuggled; here the department admitted domestic purchase invoices and produced no corroborative evidence of foreign origin, so the asserted smuggled character was unproven and confiscation could not be sustained. The appellate authority set aside the original detention and ordered unconditional release of the specified gold bar because proof of domestic chain of transaction and lawful acquisition was established and the Revenue failed to discharge evidentiary requirements.
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