Interest on Wrongful Input Tax Credit is mandatory where excess transitional credit was retained and later reversed, and related objections were rejec...
Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
Hearsay evidence cannot, by itself, prove that seized gold is of foreign origin or smuggled; it must be supported by substantive corroboration. A statement under Section 108 is admissible, but its voluntariness must still be examined, and contact records or intelligence alone do not establish foreign origin where there are no foreign markings or other cogent links. On that basis, the burden under Section 123 did not shift to the person from whom the gold was seized, confiscation failed, and the penalty also could not stand. Once seizure and confiscation were unsustainable, restitution required release of the goods to that person when no rival owner came forward.
Hearsay evidence cannot, by itself, prove that seized gold is of foreign origin or smuggled; it must be supported by substantive corroboration. A statement under Section 108 is admissible, but its voluntariness must still be examined, and contact records or intelligence alone do not establish foreign origin where there are no foreign markings or other cogent links. On that basis, the burden under Section 123 did not shift to the person from whom the gold was seized, confiscation failed, and the penalty also could not stand. Once seizure and confiscation were unsustainable, restitution required release of the goods to that person when no rival owner came forward.
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