TMI Blog2024 (2) TMI 204X X X X Extracts X X X X X X X X Extracts X X X X ..... nd of foreign markings were found on the seized gold bars. Even in the list of Inventory of Goods seized dated 26/6/2014, nothing on this count is being shown. Though this document speaks of 5 Gram gold being drawn as samples, the Department has not come out with any Certificate about the purity of these gold bars. Though the Appellants in their reply to Show Cause Notice before the Adjudicating Authority have submitted that no reliable evidence has been produced to prove beyond reasonable doubt that the gold bars were imported or legally procured, the Adjudicating Authority has not addressed this issue properly. In the instant case the inscriptions as embossed on the recovered gold bars clearly demonstrates that they have been manufact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onfiscation of the gold bars with a value of Rs. 1,56,00,000/- is not being challenged by any of these Appellants. The Appellants are purely litigating the penalties imposed on them. He submits that first of all, the seizure Report dated 26/06/2014 does not specify anywhere that the gold bars were of foreign origin with any specific markings to this effect. Further 5 grams of sample were drawn from gold bars for Assey Certificate. Till now, no Assey Report has been submitted by the Department to the effect that gold in question are of foreign origin. The Appellants have given different statements and different points. In one statement, the first Appellant Shri Lalkrosenga has stated that he has bought the gold bars from Myanmar and in his s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cuments placed before us. 9. On going through the Show Cause Notice, it is seen that the Department has not stated as to what kind of foreign markings were found on the seized gold bars. Even in the list of Inventory of Goods seized dated 26/6/2014, nothing on this count is being shown. Though this document speaks of 5 Gram gold being drawn as samples, the Department has not come out with any Certificate about the purity of these gold bars. Though the Appellants in their reply to Show Cause Notice before the Adjudicating Authority have submitted that no reliable evidence has been produced to prove beyond reasonable doubt that the gold bars were imported or legally procured, the Adjudicating Authority has not addressed this issue properly ..... X X X X Extracts X X X X X X X X Extracts X X X X
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