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2021 (1) TMI 819 - AT - CustomsSmuggling - Prohibited Goods - Gold - foreign origin goods or not - presumption under section 123 of Customs Act - HELD THAT:- Admittedly the seized gold coins are of Indian origin even the approved valuer have not certified the seized gold coins as of foreign origin. Further, it is found that the inscription on the coins evidently prove that the gold coins are of Indian origin, and were part of the monetary system and were in circulation during the British India period. Admittedly, Kind Edward VII, was the emperor of U.K. and India was under British Rule during the relevant period, and thus there is no anomaly as to the Indian origin of the gold coins. The allegation by Revenue that the gold coins are of foreign origin has got no basis, and is a wild guess work. The inscription on the gold coins ipso fact prove that the gold coins as are of Indian origin. The impugned order is vitiated for placing selective reliance on the statement of appellant under Section 108 - also the presumption in favour of Revenue under Section 123 is not attracted in the facts and circumstances. Appeal allowed.
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