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2023 (7) TMI 1130 - CESTAT NEW DELHILevy of penalty u/s 112, 114, 114A, 114AA of the Customs Act, 1962 r/w Section 13 of the Foreign Exchange Management Act, 1999 - it is alleged that the appellant has purchase the smuggled gold through Sh. Ravinder Suri with illicit means - existence of corroborative evidences or not - HELD THAT:- On perusal of the records, it is coming on that the two ladies who were visiting India from Krgyzthan have stated that they have brought gold India through illicit means and the same was sold to one Shri Ravinder Suri, who in turn sold the gold to the appellant but neither the appellant has admitted that he have purchased the gold from Sh. Ravinder Suri nor any other corroborative evidence is available on record to prove that the appellant has purchased the smuggled gold as alleged. In that circumstances, no penalty is imposable on the appellant. Accordingly, the penalty imposed on the appellant is set aside. Therefore, the impugned order qua imposing penalty on the appellant is set aside. The appeal is allowed.
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