TMI Blog2019 (9) TMI 334X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the same. Though it is not available on record but it is more probable that after investigation with Shri Shivanshu Agarwal, revenue could not bring out any evidence to establish that Shri Shivanshu Agarwal had obtained smuggled gold and therefore, no such evidence is forth coming from the record. After taking note that the purity of gold was less than the gold of foreign origin and M/s Raj Shree Jewelers and its proprietor Shri Neeraj Agarwal had obtained that gold from Shri Shivanshu Agarwal after making payments through banking channels, we hold that the seized gold was not smuggled into India and therefore, the same is not liable for confiscation. Confiscation as well as penalties set aside - appeal allowed - decided in favor o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... %. Further, investigations were carried out by DRI Officers with Shri Neeraj Agarwal of M/s Raj Shree Jewelers, Mirzapur. During the search conducted at the business premises of M/s Raj Shree Jewelers, the DRI Officers recovered a delivery challan book where delivery challan from Sl. No.01 to 06 were issued. The carbon-copy of letter dated 30.01.2018 was available which indicated that Shri Neeraj Agarwal had issued 3.00 Kg of gold being sent to Coimbatore through a representative. The DRI Officers further conducted inquiries on the basis of Cell-phone numbers and other available documents. It appeared to revenue that seized gold was of foreign origin and was liable for confiscation under the provisions of Customs Act, 1962. Therefore, a sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in view of the facts that Shri Shivanshu Agarwal vide letter dated 30.07.2018 submitted that he has no relation with the seized gold, therefore, the Original Authority concocted that the seized gold was liable for absolute confiscation and therefore, ordered for absolute confiscation of the same and imposed a penalty of ₹ 25 lakhs and 15 lakhs on Shri Neeraj Agarwal under Section 112 (b) and Section 114AA of Customs Act, 1962 respectively and imposed a penalty of ₹ 10 lakhs under Section 112 (b) of the Customs Act, 1962 upon Shri Bipat Bind. Aggrieved by the said order, both the appellants are before this Tribunal. 3. Heard Shri A.P. Mathur learned Advocate appearing on behalf of both the appellants. He has submitte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty whereas the purity of gold of the seized gold was 99.63%, 99.79% 99.70% in all the samples drawn. The finding of the Original Adjudicating Authority that since Shri Shivanshu Agarwal vide his letter dated 30.07.2018 submitted that he has no relation with the seized gold is the basis for decision by learned Original Adjudicating Authority whereas the said plea of Shri Shivanshu Agarwal was not accepted by the investigating officers and investigating officers issued summons on 07.08.2018 to Shri Shivanshu Agarwal, directing him to appear on 16.08.2018 in reference to the certificate issued by him to Shri Neeraj Agarwal regarding sale of gold bars as reflected in para no.13.4 of the said show cause notice as reflected in the addendum date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is not available on record but it is more probable that after investigation with Shri Shivanshu Agarwal, revenue could not bring out any evidence to establish that Shri Shivanshu Agarwal had obtained smuggled gold and therefore, no such evidence is forth coming from the record. Further, Shri Shivanshu Agarwal is also not made a party to the proceedings for imposition of penalty on him for dealing with smuggled gold. After taking note that the purity of gold was less than the gold of foreign origin and M/s Raj Shree Jewelers and its proprietor Shri Neeraj Agarwal had obtained that gold from Shri Shivanshu Agarwal after making payments through banking channels, we hold that the seized gold was not smuggled into India and therefore, the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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