Administrative fraud classification suspension does not halt independent criminal investigation or warrant-based searches into alleged economic offenc...
Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Clandestine removal could not be sustained where the Revenue relied only on private records, untested statements and inadmissible electronic printouts without corroboration of raw material procurement, actual clearances, buyers, sale proceeds, transport, electricity use or production capacity. Statements recorded under Section 14 were held unusable because Section 9D procedure was not followed, and computer data from pen-drives and printouts was inadmissible for want of the statutory certificate and safeguards under Section 36B. The alleged stock shortage, based only on eye estimation, was also rejected. As the duty demand failed on evidence, the penalties were likewise unsustainable.
Clandestine removal could not be sustained where the Revenue relied only on private records, untested statements and inadmissible electronic printouts without corroboration of raw material procurement, actual clearances, buyers, sale proceeds, transport, electricity use or production capacity. Statements recorded under Section 14 were held unusable because Section 9D procedure was not followed, and computer data from pen-drives and printouts was inadmissible for want of the statutory certificate and safeguards under Section 36B. The alleged stock shortage, based only on eye estimation, was also rejected. As the duty demand failed on evidence, the penalties were likewise unsustainable.
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