Home Case Index All Cases Customs Customs + AT Customs - 2022 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (4) TMI 84 - AT - CustomsSmuggling - foreign marking Gold Bars - failure to to show the source of procurement of the gold by licit means - notified item - Section 123 of the Customs Act, 1962 - Absolute Confiscation - whether at this stage, the seized gold can be released provisionally to the appellant or not? - HELD THAT:- After due investigation, it was concluded in the show cause notice that Sh. Mayank Agarwal (the appellant) is the mastermind behind the smuggling activity of foreign origin gold along with his associates who (the appellant) has claimed the ownership of the gold in question. Further it is noted that during the course of investigation, the statement of the supplier was also recorded. Statement of Sh. Rajat Gupta, prop. of M/s Shri Girraj Ji Jewellers, Mathura was also recorded who stated that he supplied 5 kgs gold bullion to Sh. Mayank Agarwal under Invoice No. 13 dated 30.06.2021 wherein the description of gold was not mentioned. In the case in hand, gold is only notified item under Section 123 of the Customs Act, 1962 wherein the burden of proof of procurement of the said gold lies on the appellant that the same is procured through licit means and the appellant has produced a tax invoice to that effect. The decision in the case of ADDITIONAL DIRECTOR GENERAL (ADJUDICATION) VERSUS M/S ITS MY NAME PVT LTD [2020 (10) TMI 237 - SUPREME COURT] is directly applicable to the facts of this case, where it was held that Allegations in a Show Cause Notice are merely allegations, till proved, in adjudication. Were there to be no material, whatsoever, justifying clearance of the imported goods, such allegations may, conceivably, have a part to play, in examining the request for provisional release. The balance of convenience in allowing provisional release lies in favour of the appellant - provisional release of the seized gold allowed subject to conditions imposed - appeal allowed.
|