Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
Specified development authority income receives retrospective tax exemption, subject to non-commercial activity, unchanged income sources, and return-...
Unified Brand India framework introduces voluntary Trust Mark certification and funding support for export branding, packaging and global promotional ...
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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.
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