Foreign Origin Gold Bar With Unexplained Source Is Liable For Absolute Confiscation As It amounts To Importation Of Prohibited Goods: CESTAT
2 years, 10 months ago

Foreign Origin Gold Bar With Unexplained Source Is Liable For Absolute Confiscation As It amounts To Importation Of Prohibited Goods: CESTAT

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The Chennai Bench of the Customs, Excise and Service Tax Appellate Tribunal consisting of P.Dinesha, while remanding the matter back, held that the gold bar with a foreign marking, the source of which is not explained, is liable for absolute confiscation since the same would amount to the importation of a prohibited good. In the Show Cause Notice, it was inter alia proposed to confiscate the seized gold under Sections 111, 111 and 111 of the Customs Act, 1962, read with Section 123 of the Customs Act, 1962. A search was conducted which resulted in the seizure of seven ring-shaped gold, three square-shaped gold strips of gold, and one half-cut piece of 100 grams of gold bar to an extent weighing 2.810 kg. The assessee contended that the department relied solely on the voluntary statements of the assessees while passing the Order-in-Original in which the confiscation was ordered, with an option to redeem within the meaning of Section 125 of the Customs Act, 1962 on payment of a fine, apart from applicable duty and penalty under Section 112 of the Customs Act, 1962 on each of the assessees-appellants.

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