Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
Eligibility for exemption depends on strict construction of the product description; reapers without binder are ineligible, but confiscation and penal...
Customs jurisdiction defined for Principal Commissioner, Vishakhapatnam, covering specified ports, districts and India's adjacent EEZ; effective on pu...
A challenge to absolute confiscation was held maintainable because it concerned confiscability and reverse-burden issues, not valuation, and the dispute fell within the policy threshold exception. The Court held that reasonable belief under Section 123 is governed by the prudent man test, not the place of seizure; concealment of high-value gold in a waist belt and the surrounding circumstances justified the reverse burden despite the absence of foreign markings. It further held that Section 108 statements remained substantive evidence because the retraction was highly belated and unsupported by coercion. The respondents failed to prove lawful provenance of high-purity bullion, and the order of absolute confiscation with penalties was restored.
A challenge to absolute confiscation was held maintainable because it concerned confiscability and reverse-burden issues, not valuation, and the dispute fell within the policy threshold exception. The Court held that reasonable belief under Section 123 is governed by the prudent man test, not the place of seizure; concealment of high-value gold in a waist belt and the surrounding circumstances justified the reverse burden despite the absence of foreign markings. It further held that Section 108 statements remained substantive evidence because the retraction was highly belated and unsupported by coercion. The respondents failed to prove lawful provenance of high-purity bullion, and the order of absolute confiscation with penalties was restored.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
