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2019 (5) TMI 1356 - AT - CustomsSmuggling - Gold of foreign origin - recovery from her registered baggage - Confiscation - redemption fine - penalty - HELD THAT:- The Indian Origin remolten gold/gold ornaments could not be legally confiscated as the possession of the same is not prohibited under any provision of law - In the present case, the seized gold do not bear foreign markings and do not have uniform weight/purity. It is observed that the respondent belongs to a respectable and a well to do family. She is also a regular Income Tax assessee. The seized gold rods were made from the gold ornaments belonging to her. Every piece of gold possessed by a person in India cannot be considered to be of smuggled nature and that the possessor of such gold cannot be made to discharge the onus u/s 123 of the Customs Act, 1962. Appeal dismissed - decided against Revenue.
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