International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
Misclassification between copra and dry coconut: customs recovery and re-valuation quashed for lack of prior licensing-authority invalidation, appeals...
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Electronic records seized from a third party, including pen-drive data and printouts, were treated as admissible and authentic because the statutory presumption attached to seized documents extended to electronic material and no contemporaneous challenge to seizure or contents was raised. Retraction of statements was rejected because a bare denial without proof of involuntariness carries no weight, and the statements were corroborated by independent material; minor spelling variations in the name were held to be only phonetic or clerical. The Tribunal also held that the time requirement under FEMA section 16(6) was advisory, so delay did not vitiate the adjudication. Contraventions under FEMA were upheld, but the penalties were reduced to 20% of the amounts imposed.
Electronic records seized from a third party, including pen-drive data and printouts, were treated as admissible and authentic because the statutory presumption attached to seized documents extended to electronic material and no contemporaneous challenge to seizure or contents was raised. Retraction of statements was rejected because a bare denial without proof of involuntariness carries no weight, and the statements were corroborated by independent material; minor spelling variations in the name were held to be only phonetic or clerical. The Tribunal also held that the time requirement under FEMA section 16(6) was advisory, so delay did not vitiate the adjudication. Contraventions under FEMA were upheld, but the penalties were reduced to 20% of the amounts imposed.
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