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TMI Blog2023 (11) TMI 425X X X X Extracts X X X X X X X X Extracts X X X X ..... d at Rs. 71,44,968/- is justified which was seized under Mahajar dated 27.05.2019. Further issue is whether penalty have been rightly imposed Rs. 15 Lakhs on Appellant - Shri Mitta Sunil Kumar and Rs.15 Lakhs on Shri M R Prakash, the other Appellant both under Section 112(b)(i) of the Customs act. 2. The brief facts are that Mitta Sunil Kumar is carrying the Jewellery business at Proddatur, YSR Kadapa District. His Employee Shri Pachipulusu Venkata Nageswara Rao ( P V N Rao) while carrying 22 numbers of gold biscuits of 100 gms each, total weighing 2200 gms, the Police Department had intercepted him at Y-Junction of Yerrraguntla on 21-04-2019. Subsequently, on the information from Electronic Media, the Asst Commissioner of Customs, Customs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... working with the Appellant - M Sunil Kumar for past few years. He had alighted at Yerraguntla bus stand travelling from Bangalore to Kadapa by bus, at 5:30 AM on 21.04.2019 from where he took his 2 wheeler that was parked at the Yerraguntla Railway station. He was intercepted by the police of Yerraguntla. At the time of frisking him, police found two packets which contained 11 gold biscuits each from his trouser pockets. He had gone to Bangalore on 20.04.2019 along with his employer - M Sunil Kumar by bus. From there on 20.04.2019 in the evening at 9 PM he had boarded bus from Bangalore for Kadapa. His employer M Sunil Kumar handed him two packets of gold at Majestic Bus Stand, Bangalore. All the transaction of purchase of the said gold wer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which he had entrusted for carrying to shop. As the purchase bill was available with him, his employee could not show the bill to the police. Further stated that he is the owner of the seized gold, being 22 numbers of gold biscuits totally weighing 2200 gms which was purchased on credit basis for which payment is made within 15 days to Sai Tirumala Jewellers, Bangalore. So far he has paid Rs.62,45,000 (Rs.36,00,000 on 03.05.2019 and Rs.26,45,000/- on 20.05.2019) from his bank account with Kotak Mahindra Bank being account No. 3311882372, to the bank account of the seller - Tirumala Jewellers with Karur Vyshya Bank, Bangalore. He has been visiting Bangalore with respect to his business and have developed friendship with Mr Harish of Chickpet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mbers in respect of 4000 gms of gold under invoice No. 207 dated 17.04.2019 and MMTC marking in respect of 300 gms of gold under invoice No. 229 dated 20.04.2019. Further stated that the quantity of 22 number of gold biscuits that were sold to Shri Sunil Kumar of M/s Sunil Kumar Jewellers under invoice No. 00601 dated 20.04.2019 are part of the goods purchased by him from M/s Infinite Jewellers and Bullion. Further stated that, he admits that there is no mention of the engraved serial numbers of the gold bars in the invoice issued by him in respect of the 22 gold bars. In his invoice he has mentioned the particulars of the gold as - GOLD BULLION. On enquiry Mr M R Prakash stated that the engraved serial numbers and markings of the 22 seized ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se invoice no. SKKB- 179 dated 16.04.2019 wherein bar numbers are not mentioned. Further stated that he has not sold the 22 number of gold biscuits of particular serial number 3821531, 3821540, 3821581 to 3821591 and 3821593 to Sai Tirumala Jewellers, Proprietor M R Prakash. 9. Further, Shri Chetan Kumar Jain, Manager of DP Gold Private Ltd., Chennai had also recorded his statement before the Customs on 06.06.2019, stating that they had purchased 40 kg gold from MMTC-PAMP India Pvt Ltd., New Delhi which includes gold bars bearing serial nos. 3821401-3821800. 10. Revenue made further investigation and it appear that DP Gold Private Ltd., had sold gold to another jeweller/dealers which includes the serial number of the gold bars seized from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e released soon after seizure as Revenue found that the serial numbers engraved on the gold biscuits tally with the serial numbers mentioned on the invoice produced, in respect of the purchase by the appellant. It is further evident from the facts available in the show cause notice, particularly the statement of Chetan Kumar Jain, Manager of DP Gold Pvt Ltd., Chennai, wherein they have stated that they had purchased gold biscuits totalling 40 kg having engraved serial numbers from 3821401- 3821800 from MMTC-PAMP India Pvt Ltd., New Delhi. Thereafter, they have been selling in retail. Admittedly the 22 gold biscuits seized & confiscated, tally with the serial numbers of gold biscuits purchased by DP Gold Private Ltd., Chennai from MMTC-PAMP. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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