Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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Statements recorded under Customs law were treated as admissible in FEMA adjudication where they related to the same transaction; mere retraction did not make them involuntary when they were confirmed before two authorities, no coercion was shown, and the statements were supported by documentary evidence. A Customs settlement granting immunity from penalty and prosecution did not bar separate FEMA action for contravention of foreign exchange law arising from under-invoiced imports and compensatory cash payments. The Tribunal affirmed contravention of FEMA and liability of the individual appellant, but reduced the penalties on proportionality and adjusted the pre-deposit.
Statements recorded under Customs law were treated as admissible in FEMA adjudication where they related to the same transaction; mere retraction did not make them involuntary when they were confirmed before two authorities, no coercion was shown, and the statements were supported by documentary evidence. A Customs settlement granting immunity from penalty and prosecution did not bar separate FEMA action for contravention of foreign exchange law arising from under-invoiced imports and compensatory cash payments. The Tribunal affirmed contravention of FEMA and liability of the individual appellant, but reduced the penalties on proportionality and adjusted the pre-deposit.
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