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2017 (9) TMI 597 - AT - CustomsSmuggling - Gold Bar of Foreign origin - whether the said gold bar seized by the Customs officers is of smuggled nature? - Held that: - There is no dispute that the seized gold bar is of foreign origin - the ownership of the gold is not the mitigating factor for confiscation under the Customs Act. Section 111 of the Customs Act, 1962 provides confiscation of improperly imported goods etc.. In the present case, the documents would show that the seized gold is not improperly imported goods and therefore, the Commissioner (Appeals) rightly set aside the confiscation of the seized gold. There is no allegation of fake documents placed by the respondents. There is no allegation that the foreign markings bearing on the seized gold are not genuine. It is established from the record that the marking bearing the seized gold are tallied with the documents. There is no material available on record that the other gold bar is available, bearing the same number. Appeal dismissed - decided against Revenue.
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