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...
Reasonable belief of smuggling must rest on objective material, not mere suspicion, and a town seizure of gold by itself carries less inferential weight than seizure at a customs station or notified area. On the facts, there were no foreign markings, no evidence of the smuggling route or melting place, no corroboration from follow-up searches, and the alleged licit purchase was not disproved at the seller's end; the goods were therefore not shown to be smuggled or liable to confiscation. A retracted statement could not sustain confiscation and penalties where the procedure under Section 138B was not followed and the statement was not otherwise proved. The appellate order was affirmed and the departmental appeals were dismissed.
Reasonable belief of smuggling must rest on objective material, not mere suspicion, and a town seizure of gold by itself carries less inferential weight than seizure at a customs station or notified area. On the facts, there were no foreign markings, no evidence of the smuggling route or melting place, no corroboration from follow-up searches, and the alleged licit purchase was not disproved at the seller's end; the goods were therefore not shown to be smuggled or liable to confiscation. A retracted statement could not sustain confiscation and penalties where the procedure under Section 138B was not followed and the statement was not otherwise proved. The appellate order was affirmed and the departmental appeals were dismissed.
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