Reopening of assessment cannot rest solely on an audit party's opinion; reassessment under Section 147/148 is impermissible and power of revision shou...
Tested party selection: functional analysis identified the least complex unit as the appropriate tested party, altering the transfer pricing adjustmen...
Where customs authorities had reason to believe that contraband was secreted inside the body, Section 103 of the Customs Act required prompt production before the nearest Magistrate unless there was a clear admission or voluntary submission within the statutory exception. On the facts, no such valid admission was shown, and the applicant remained in unauthorised custody from interception until formal arrest; this illegality weighed in favour of bail despite the NDPS Act's restrictive bail regime. The Court also held that prolonged incarceration, minimal trial progress, and no realistic prospect of early completion attracted Article 21 protections and independently justified release on conditions.
Where customs authorities had reason to believe that contraband was secreted inside the body, Section 103 of the Customs Act required prompt production before the nearest Magistrate unless there was a clear admission or voluntary submission within the statutory exception. On the facts, no such valid admission was shown, and the applicant remained in unauthorised custody from interception until formal arrest; this illegality weighed in favour of bail despite the NDPS Act's restrictive bail regime. The Court also held that prolonged incarceration, minimal trial progress, and no realistic prospect of early completion attracted Article 21 protections and independently justified release on conditions.
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