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2016 (6) TMI 911 - CESTAT HYDERABAD

2016 (6) TMI 911 - CESTAT HYDERABAD - TMI - Seizure of foreign marked gold biscuits - demand of duty - the aforesaid items were absolutely confiscated; penalties under section 112 & 117 of Customs Act, 1962 were also imposed on the appellants. - Held that:- appellant has obtained confirmation through RTI queries that the impugned FMG biscuits have been legally imported and has also obtained details of Air Waybills, Bills of Entry, Payments Challans details, etc; in respect of the said goods. - .....

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Shri A. K. Jairaj, Advocate for the Appellant Shri H. M. Dixit, AR for the Respondent ORDER [ Order per Madhu Mohan Damodhar ] 1. The facts of the case are that foreign marked gold biscuits weighing approximately 2409.639 gms, gold ornaments weighing approximately 566.690 gms, and a cash ₹ 95.25 lakhs were seized from one Nagendra Prabhu, one of the appellants herein, at Vijayawada while travelling in Patna Ernakulam Express. Shri. Nagendra Prabhu, interalia stated that he had collected F .....

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be sale proceeds of FMG biscuits on which customs duty has not been paid.(iii) confiscation of gold ornaments weighing 566.660gms, as they appeared to be made of FMG biscuits of which customs duty was not paid. (iv) confiscation of gold cut pieces weighing 709.550gms, as it they appeared to be made of FMG biscuits of which customs duty was not paid. 2. On adjudication, the aforesaid items were absolutely confiscated; penalties under section 112 & 117 of Customs Act, 1962 were also imposed o .....

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,982/- and absolutely confiscating Gold Cut Pieces, weighing 709.550 grams, valued at ₹ 19,15,785/-, and further absolutely confiscating a sum of ₹ 95,25,000/- Indian Currency under Section 111 read with Section 121 of the Customs Act, 1962 and imposing a penalty of ₹ 5,00,000/- under Section112 of Customs Act and ₹ 10,000/- under Section 117 of the Customs Act on the appellant, in so far as the appellant is concerned, in its entirety and to pass an order of direction, or .....

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ion under Section 111 and Under section 121 of Customs Act, 1962. 4. The appellant submitted that they had informed the Customs authorities that all the jewellers had illicitly imported the gold which was supplied to the appellant for manufacturing as per designs and also for repair works. During the adjudication process they had furnished documents supporting their claim. However, the adjudicating authority has passed the impugned order without considering their submissions or the documents pro .....

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the actual importers have not stated that they have sold the said gold to M/s SVBC. The relevant portion of the order is reproduced as below: I have gone through the Air Bills etc. submitted by Shri V.Jayaraman. the serial numbers available on the 14 Foreign Marked Gold Biscuits viz AF063571 to AFO63575, AFO63716, AFO63718, AFO63779, AFO63784, AFO64198, AFO64256, DY5689, DY2030 & DX4789 and 2 Gold cut pieces marked as DX 4790 and AFO63478, tallied with the Air Way Bills and Bills of entry s .....

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have actually imported the said Gold Biscuits and sold to M/s SVBC. 7. On examination of records, we find that copies of letters from M/s SVBC GOLD to customers of the appellant, viz; M/s Vaishnavi Jewellers, M/s Kameswari, M/s Sri Santoshi Matha Jewellery Shop, M/s Sri Seetharama Jewellers, dated 19-02-2015/20-02-2015 have been produced by the appellant in reply to the show cause notice. Further, subsequent to the personal hearing the appellant submitted attested copies of letters from the ori .....

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