Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below thresh...
Customs adjudication in gold smuggling matters turns on the proved seizure, corroboration and nexus, not on untested allegations of a larger conspiracy. The Tribunal treated retracted statements under Section 108 as usable only where supported by independent material such as call data, travel records, recoveries, money trails and other surrounding circumstances, and it held that cross-examination is not an absolute right in quasi-judicial proceedings. Where the department proved a nexus, penalties and confiscation were sustained or reduced; where corroboration was absent, penalties and related confiscations were set aside.
Customs adjudication in gold smuggling matters turns on the proved seizure, corroboration and nexus, not on untested allegations of a larger conspiracy. The Tribunal treated retracted statements under Section 108 as usable only where supported by independent material such as call data, travel records, recoveries, money trails and other surrounding circumstances, and it held that cross-examination is not an absolute right in quasi-judicial proceedings. Where the department proved a nexus, penalties and confiscation were sustained or reduced; where corroboration was absent, penalties and related confiscations were set aside.
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