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2013 (9) TMI 466 - CESTAT MUMBAIConfiscation u/s 111(d) and 121 r.w. section 13(1) of FERA – revenue could not produce any licit documents for acquisition and possession of the foreign currency recovered from him – Held that:- Revenue failed to discharge the burden - confiscation u/s 111(d) was not sustainable - the burden to prove that the foreign currency had been obtained through illicit means lies on the Revenue – assessee had been able to prove that the foreign currency had obtained by them against an export order and the goods had exported against that export order - Court relied upon Pukhraj Nihalchand Jain vs. Commissioner of Customs (2003 (3) TMI 374 - CEGAT, MUMBAI) – order was set aside – appeal decided in favour of assessee.
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