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2017 (3) TMI 1113 - AT - CustomsDetention of gold with vehicle - seizure of gold during movement - whether smuggled / imported gold or locally procured - gold was being transported by the appellant from the Delhi branch to their Agra Branch - Held that: - law requires such person as in this case, the appellant to discharge the onus as regards the licit purchase and acquisition of the specified item or gold u/s 123 of CA - It is admitted fact that the appellant have produced tax invoice in support of purchase of the gold in question from another dealer who is also duly registered with the trade tax and other authorities, and it is also further fact on record that payment for the purchase was made through the banking channel RTGS. It is further evident from the records that the said gold was being transported by the appellant from the Delhi branch to their Agra Branch and proper Challan had been issued, as well as road permits/waybill which was pre-authenticated by the Sales Tax Department and the appellant is required to maintain proper records of usage of such road permits and account for the same before the Trade Tax authorities. I hold under the facts and circumstances, the appellant have discharged their onus as required u/s 123 (1) and (2) of the CA. I further hold that Section 123 of the CA requires to explain the licit source of acquisition and not source of source. Accordingly, I find that the impugned order is untenable being erroneous. Gold to be returned - confiscation with penalty set aside - appeal allowed - decided in favor of appellant.
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