Retrospective cancellation of charitable registration under section 12AB(4) was unsustainable; related-party benefit allegations did not prove nongenu...
Merger control notice and disclosure rules: Supreme Court limits penalties, rejects reopening of approved combination, and sets aside adverse findings...
Misdeclaration of export goods was established where scientific examination showed the recalled consignment to be low-gold bangles rather than the declared 22 carat jewellery, so confiscation under Sections 113(i) and 113(ja) was sustained. Diversion of duty-free gold under Notification No. 57/2000-Cus. was also proved because the quantity procured did not match the gold found, no manufacturing records explained the shortfall, and strict compliance with the exemption conditions was not shown; confiscation under Section 111(o) was therefore justified. Penalties were upheld only against persons whose conduct showed conscious facilitation or knowing use of false documents, while HDFC Bank, the Superintendent, and job workers were exonerated for lack of mens rea. Redemption fine was not imposed on unavailable goods.
Misdeclaration of export goods was established where scientific examination showed the recalled consignment to be low-gold bangles rather than the declared 22 carat jewellery, so confiscation under Sections 113(i) and 113(ja) was sustained. Diversion of duty-free gold under Notification No. 57/2000-Cus. was also proved because the quantity procured did not match the gold found, no manufacturing records explained the shortfall, and strict compliance with the exemption conditions was not shown; confiscation under Section 111(o) was therefore justified. Penalties were upheld only against persons whose conduct showed conscious facilitation or knowing use of false documents, while HDFC Bank, the Superintendent, and job workers were exonerated for lack of mens rea. Redemption fine was not imposed on unavailable goods.
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