Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
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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