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2019 (9) TMI 334 - AT - CustomsSmuggling - Gold - Gold of Foreign Origin or not - it was alleged that appellant did not produce any licit document for possession of said quantity of gold - HELD THAT:- The purity of gold in the seized gold was less than purity of gold of foreign origin. Further, revenue also could not establish from where the gold was smuggled. On the contrary the appellant has established that he has procured the said gold from Shri Shivanshu Agarwal after making payments through banking channels. It was up to revenue to further investigate as to from where Shri Shivanshu Agarwal has obtained the same. Though it is not available on record but it is more probable that after investigation with Shri Shivanshu Agarwal, revenue could not bring out any evidence to establish that Shri Shivanshu Agarwal had obtained smuggled gold and therefore, no such evidence is forth coming from the record. After taking note that the purity of gold was less than the gold of foreign origin and M/s Raj Shree Jewelers and its proprietor Shri Neeraj Agarwal had obtained that gold from Shri Shivanshu Agarwal after making payments through banking channels, we hold that the seized gold was not smuggled into India and therefore, the same is not liable for confiscation. Confiscation as well as penalties set aside - appeal allowed - decided in favor of appellant.
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