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2017 (11) TMI 895 - CESTAT KOLKATAAbsolute confiscation - penalty - Smuggling - US Dollar - seizure on the reasonable belief that the same was clandestinely attempted to be exported in illicit manner in contravention of the provisions of Section 11 of the CA read with Section 3(2) of (Foreign Trade Development and Regulation) Act, 1992 (FTDR) Sections 3 & 4 of Foreign Exchange Management Act, 1999 (FEMA) - Held that: - the findings arrived at by the Commr. (Appeals) are not being rebutted by the Revenue and no evidence to the contrary stands placed on record - The appellate authority has observed that there is no admission of guilt by either of the assesses and there are no investigations by the Revenue from various angles, thus requiring the impugned orders to be set aside - appeal dismissed - decided against Revenue.
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