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COMMISSIONER OF CUSTOMS, EXCISE & SERICE TAX, SILIGURI Versus SRI NAND KISHORE SOMANI & ORS.

2016 (5) TMI 1211 - CALCUTTA HIGH COURT

Validity of Tribunal's order - Confiscation of gold bars recovered and imposition of penalty - suspected that gold bars recovered were of a foreign origin - Held that:- the contention of Mr. Bhardwaj, that the gold recovered from the possession of Na .....

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herefore, we need not add to the reasons why the certificate is of no consequence. - Dismissed as unmeritorious - CUSTA 1/2016; GA 1103/2016 - Dated:- 12-5-2016 - JUSTICE GIRISH CHANDRA GUPTA AND JUSTICE ASHA ARORA Mr. R. Bhardwaj, Adv., with Mr. S.K .....

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East Regional Bench, Kolkata, in Customs Appeal Nos.C/75327, 75516, 75642 and 75643/2014. The aggrieved revenue has come up in appeal. Briefly stated, the facts and circumstances of the case are as follows. On February 2, 2012, on the basis of sourc .....

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bars recovered from Nand Kishore were of a foreign origin. The case of Nand Kishore is that he purchased the gold bars from Sri Ajoy Kumar Saraf, carrying on business under the name and style of Saraf Jewellers at Kolkata. He also produced the cash m .....

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evidence confiscated the goods recovered and imposed fine. In an appeal preferred by Somani and others, the order passed by the adjudicating authority has been quashed. Challenging the aforesaid order passed by the learned Tribunal, the present appe .....

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s as follows: With reference to your above letter on the above subject I, on behalf of my firm, do hereby certify that the MAXIMUM PERCENTAGE OF PURITY OF GOLD that can be achieved by ANY GOLD REFINERY AT SILIGURI IS 99.50%. NO REFINERY IN SILIGURI C .....

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the gold recovered from the possession of Nand Kishore Somani, according to the clinical analysis report, contains gold content between 99.94% and 99.96%. Mr. Bhardwaj submitted that the certificate is a pointer to show that the gold bars could not h .....

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