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...
A search must be founded on information giving rise to reason to believe, because search and seizure are invasive acts requiring jurisdictional material; absence of such information invalidates a search. Inspection of seized assets, however, is verificatory and not invasive, so it does not require the same information or reason to believe; inspection may be conducted if it serves any of the purposes of the Act, and a notice under the relevant rules need only be a reasonable notice to the custodian, not a reasoned order. Notices connected to a pending inquiry satisfy the statutory test; the writ challenging the inspections was dismissed.
A search must be founded on information giving rise to reason to believe, because search and seizure are invasive acts requiring jurisdictional material; absence of such information invalidates a search. Inspection of seized assets, however, is verificatory and not invasive, so it does not require the same information or reason to believe; inspection may be conducted if it serves any of the purposes of the Act, and a notice under the relevant rules need only be a reasonable notice to the custodian, not a reasoned order. Notices connected to a pending inquiry satisfy the statutory test; the writ challenging the inspections was dismissed.
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