Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Demand and acceptance of illegal gratification was held not established where the prosecution's material was weak: the complainant turned partially hostile, a shadow witness conceded the voice recording was inaudible, and no application or lawful competence for issuing the clearance certificate by the accused was proved; temporal inconsistencies between visits and alleged demand further weakened the case. The note that a positive colour test and recovery of tainted currency alone do not satisfy all ingredients of the offence is emphasised. The piece reiterates that acquittal reinforces presumption of innocence and appellate interference is unwarranted absent compelling contrary evidence.
Demand and acceptance of illegal gratification was held not established where the prosecution's material was weak: the complainant turned partially hostile, a shadow witness conceded the voice recording was inaudible, and no application or lawful competence for issuing the clearance certificate by the accused was proved; temporal inconsistencies between visits and alleged demand further weakened the case. The note that a positive colour test and recovery of tainted currency alone do not satisfy all ingredients of the offence is emphasised. The piece reiterates that acquittal reinforces presumption of innocence and appellate interference is unwarranted absent compelling contrary evidence.
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