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2014 (6) TMI 25 - AT - Central ExciseConfiscation of Indian Currency - As per Revenue, the said currency is the sale proceeds of gutka - clandestine removal - Held that:- For confiscating the currency in terms of Section 121 of Customs Act, 1962, which stands made applicable to the Central Excise law, it has to be first concluded that the same was actually the sale proceeds of the clandestinely sold excisable goods - before confiscating the currency, the Revenue must establish that there was by sale; that the sale was of smuggled goods; that the sale was a person having knowledge reason to believe that the goods were smuggled origin; that the identity of the seller and buyer must be established by the customs authorities. If all the above ingredients of Section 121 are not established by the Revenue, the violation of Section 121 cannot be made out. The said decision stands followed in a number of subsequent decisions and it stands held that in the absence of any evidence to establish the Indian currency as sale proceeds of tainted goods, the benefit has to be extended to the appellant - onus to prove that the Indian currency in question is the sale proceeds of the clandestinely removed goods is upon the Revenue, which is required to be discharged by production of affirmative, tangible and positive evidences. Apart from the fact of recovery of Indian currency and the retracted statement of the appellant, there is virtually no evidences to indicate that the said currency is the sale proceeds of clandestinely removed goods, which the appellant had, in any case stopped manufacturing with effect from November, 2006 - Decided in favour of assessee.
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