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2017 (9) TMI 1332 - AT - CustomsSmuggling - Gold bars - confiscation - Whether Commissioner of Customs (Appeals) was legally correct to pass an order for Denovo Adjudication by lower authority after verification with the records of M/s. Anand Silver Pvt. Ltd. for the gold bar which was already tempered and when it is not clear how verification will bring out the truth? - Held that: - the Commissioner(Appeals) had given an opportunity to establish the truth on the basis of records, if available and thereafter the question of further investigation would arise, which cannot be treated as unreasonable. Release of Gold Bars - Held that: - there is no indication in the Panchnama that these goods have foreign markings. The Revenue had not disputed this fact - there is no material available on record that the cue pieces were not bearing any foreign markings. So, there is no reason to interfere with the order of First Appellate Authority. The confiscated gold has already been disposed by the department. The Commissioner(Appeals) observed that the appellants are entitled to the sale proceeds minus the fine etc., if any, as provided under section 150 of the Customs Act, 1962 - appeal dismissed - decided against Revenue.
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