TMI Blog2017 (3) TMI 1587X X X X Extracts X X X X X X X X Extracts X X X X ..... ndian markings are actually of foreign origin or that it is established with proof have been made out of re-melted foreign bullion which had been illicitly smuggled into the country - the provisions of Section 123 of the Customs Act, 1962 will not kick in - impugned order do not sustain - appeal allowed - decided in favor of appellant. - C/41790/2015-SM - Final Order No. 40602/2017 - Dated:- 29-3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gled goods rests with the appellant. The original authority inter alia confiscated the silver bars and imposed redemption fine of ₹ 1,50,000/- under Section 125 of the Customs Act, 1962 and also imposed penalty of ₹ 80,000/- under Section 112(a) of the Act. On appeal, the Commissioner (Appeals) vide impugned order dated 15-4-2015 upheld the order of the original authority. Aggrieved, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s indicated that assay of silver bars indicated purity of 98.62% and that the assayer in his certificate concluded that the silver bars have been melted from the high purity silver bullion and converted into small bars. 4. Heard both sides and have gone through the records. 5. It is not disputed that the seized silver bars bore Indian markings viz., JGR, Chennai . No doubt, the assay thereo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he event, the impugned order against the appellant will not sustain and in consequence, impugned order in respect of upholding the order of confiscation of seized silver bars from the appellant, imposition of redemption fine of ₹ 1,50,000/- under Section 125 and imposition of penalty of ₹ 80,000/- under Section 112(a) will not sustain. Therefore, impugned order is set aside with conseq ..... X X X X Extracts X X X X X X X X Extracts X X X X
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