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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...
An appeal under the customs revision regime was held maintainable because the person concerned was neither a passenger, crew member nor a transfer-of-residence case, and the baggage provisions relied on by the Department were inapplicable. On merits, the Tribunal found the adjudicating authority's exoneration of the appellant to be a reasonable view, since the alleged statement had been retracted, the electronic chats did not show any direction to smuggle watches, and no corroborative evidence or admission linked him to the alleged racket. The Commissioner (Appeals) was faulted for remanding the matter without addressing those findings, so the remand was set aside and the exonerating order restored.
An appeal under the customs revision regime was held maintainable because the person concerned was neither a passenger, crew member nor a transfer-of-residence case, and the baggage provisions relied on by the Department were inapplicable. On merits, the Tribunal found the adjudicating authority's exoneration of the appellant to be a reasonable view, since the alleged statement had been retracted, the electronic chats did not show any direction to smuggle watches, and no corroborative evidence or admission linked him to the alleged racket. The Commissioner (Appeals) was faulted for remanding the matter without addressing those findings, so the remand was set aside and the exonerating order restored.
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