Just a moment...

Top
Help
AI OCR

Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page

Try Now
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Hearsay and uncorroborated evidence cannot prove smuggled gold; confiscation, penalty and seizure-based burden shifting failed.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Hearsay evidence cannot, by itself, prove that seized gold is of foreign origin or smuggled; it must be supported by substantive corroboration. A statement under Section 108 is admissible, but its voluntariness must still be examined, and contact records or intelligence alone do not establish foreign origin where there are no foreign markings or other cogent links. On that basis, the burden under Section 123 did not shift to the person from whom the gold was seized, confiscation failed, and the penalty also could not stand. Once seizure and confiscation were unsustainable, restitution required release of the goods to that person when no rival owner came forward.....