Religious purpose exclusion versus charitable purpose: non overriding religious objects do not attract Explanation 3, registration directed under sect...
Search-assessment proviso jurisdiction, time-barred valuation reports, and denial of cross-examination vitiate valuation-based and confession-based ad...
Proceeds of crime: provisional attachment confirmed; equivalent value attachment and acquisition date fair market value upheld, Covid exclusion preser...
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The HC held that an earlier unsuccessful writ challenge to a show-cause notice did not bar the appellant from contesting the seizure of jewellery in later confiscation proceedings under the Customs Act, 1962. The Court found that the seizure challenge had not been examined on its own merits, and that refusing to hear it would deprive the appellant of a meaningful defence. It therefore permitted the appellant to question the validity of the seizure and the proposed confiscation in the pending proceedings, and directed that reasonable time be granted if needed for effective participation. The Court did not decide the legality of the seizure on merits.
The HC held that an earlier unsuccessful writ challenge to a show-cause notice did not bar the appellant from contesting the seizure of jewellery in later confiscation proceedings under the Customs Act, 1962. The Court found that the seizure challenge had not been examined on its own merits, and that refusing to hear it would deprive the appellant of a meaningful defence. It therefore permitted the appellant to question the validity of the seizure and the proposed confiscation in the pending proceedings, and directed that reasonable time be granted if needed for effective participation. The Court did not decide the legality of the seizure on merits.
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