2007 (3) TMI 564

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..... r]. - Heard the learned Advocate on behalf of Harish Chander. The appellants filed these appeals against the impugned order passed by the Commissioner (Appeals). 2. The brief facts of the case are that on 19-2-2001, 18 gold bars of foreign origin were recovered from the possession of Harish Chander, appellant and receipt regarding purchase of some gold was recovered from the possession of .....

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..... Thereafter, show cause notice was issued to the present appellant as well as to Shri Badri Narain.The adjudicating authority confiscated the gold biscuits and imposed penalties. The Commissioner (Appeals) dismissed the appeal filed by the appellants. The contention of appellant is that the gold in question was duly purchased from M/s. Dhancholia Sons and the same has been entered in the books of a .....

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..... duly verified by the revenue and also shows the entries made in the books of account regarding the sale of this gold, therefore, the confiscation of and imposition of personal penalty is not justified. 5. The contention is also that verification report of Deputy Commissioner (Preventive) was not made available to appellant that the same was only mentioned in the show cause notice. 6.  .....

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..... the Judicial Magistrate on 2-3-2001 where he produced a bill issued by M/s. Dhancholia Sons Delhi regarding sale of 18 gold bars to appellant. The bill produced by the appellant was got verified by the Deputy Commissioner (Prev) and after due verification, the Deputy Commissioner of Customs reported that Shri Badri Narain, Prop. of Dhancholia Sons issued the bill in question regarding sale of 18 g .....

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..... oduced the bill and the same was got verified and the genuineness of the bill is not in doubt. The appellant Shri B. Nath also produced the books of account where the sale of gold bars in question was duly reflected. The copies of account are on record and the same are not disputed by revenue. In these circumstances, the findings of Commissioner (Appeals) that the proper co-relation has not been e .....

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