Unlawful outward remittances via Hawala using proforma invoices and electronic records proved; documents admitted, directors penalised, penalties redu...
Attachment of equivalent-value properties as proceeds of crime upheld; preventive attachment order and confirmation sustained; no independent ED reinv...
Broker trading-system "technical glitch" redefinition and narrowed incident-reporting regime for large IBT/STWT brokers requiring 2-hr notice and 14-w...
Breach of an import undertaking under Condition No.104 (Serial No.347B) for a helicopter -- demonstrated by predominant private, unpaid use -- supports confiscation and recovery by recourse to the undertaking despite references to section 28. The tribunal upheld confiscation because the exemption condition was substantially violated. Penalties under section 112 were quashed for two officers because the impugned order did not establish their knowledge or mens rea that unpaid private use would violate the exemption; absence of culpable knowledge defeated individual penalty liability and the department's appeal against penalty enhancement was dismissed.
Breach of an import undertaking under Condition No.104 (Serial No.347B) for a helicopter -- demonstrated by predominant private, unpaid use -- supports confiscation and recovery by recourse to the undertaking despite references to section 28. The tribunal upheld confiscation because the exemption condition was substantially violated. Penalties under section 112 were quashed for two officers because the impugned order did not establish their knowledge or mens rea that unpaid private use would violate the exemption; absence of culpable knowledge defeated individual penalty liability and the department's appeal against penalty enhancement was dismissed.
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