Beneficial Ownership, Beyond Baggage in Customs Law: Seizure of foreign currency

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..... gh Court. The case involves an appeal by the Commissioner of Customs against a decision by the Central Excise and Service Tax Appellate Tribunal (CESTAT), which favored the respondent, in a matter concerning the seizure of foreign currency which he kept with him in his hand-baggage. Background The appeal arose from a final order by CESTAT, which allowed an appeal against the order passed by the .....

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..... ction objection unsustainable, clarifying that the SCN pertained to currency seized under a provision not limited to baggage, thus falling within CESTAT's purview. * Definition of 'Beneficial Owner': A key legal question was the interpretation of 'beneficial owner' as defined in the Customs Act. The appellant argued that the respondent was the ultimate beneficiary of the seized currenc .....

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..... w and not re-evaluation of evidence. Conclusion The Delhi High Court's dismissal of the appeal reaffirms the principle that legal interpretations of terms such as 'beneficial owner' must align with the factual matrix and evidence of the case. It underscores the importance of distinguishing between personal and official capacities in legal evaluations, especially in cases involving co .....

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