TMI Blog2024 (4) TMI 698X X X X Extracts X X X X X X X X Extracts X X X X ..... ign origin and smuggled one. Moreover, the appellants have been able to prove by producing various documentary evidences, like, their Books of Accounts and certification from M/s G.N.H. R [P] Ltd., Kolkata and the appellants have also produced certain Hall Marking issued by them from time to time. In that circumstances, the appellants were able to discharge their onus of procurement of gold through licit means in terms of Section 123 of the Customs Act, 1962. The gold in question cannot be held liable to be confiscated. Consequently, the order for confiscation of gold in question is set aside and as the gold in question is not liable for confiscation, therefore, no penalties can be imposed on the appellants. The impugned order set aside - a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Binoy Das stated that he has brought the gold for melting purposes, but was not able to show any valid documents. As the gold recovered from Binoy Das, was not melted by him and recovered from the possession of Shri Binoy Das. The case was booked against Shri Binoy Das, which is the subject matter of these appeals. 2.2 The Officers, prima-facie, found that two kgs. of Yellow Metal , which was on the furnace and brought by Shri Laksman Soni to be melted may be of foreign origin. As Shri Laxsman Soni was unable to produce any registered documents for procurement of the said gold, the said gold was taken in the custody and seized. 2.3 Thereafter, investigation was started. The statement of Shri Laksman Soni was recorded and Shri Laksman Soni s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .M. Jewels and its proprietor, Shri Ravindra Soni and their employee, Shri Laxman Soni, were imposed equivalent to the value of gold. 2.9 Aggrieved from the said order, the appellants are before us. 3. The ld. Counsel for the appellants, submits that the appellants are procuring the old gold jewelleries by converting the same in gold and deal with the said business. Although while the gold in lump was sent for melting purposes at the workshop of Shri Badal Das Khan and process of melting was going on, there is no recovery of gold having the mark of foreign origin, it is the case of town-seizure . Moreover, the purity of gold was also of 99.95%. It is his submission that the appellants deal with the old gold jewelleries and maintaining their ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oreign origin and smuggled one. Moreover, the appellants have been able to prove by producing various documentary evidences, like, their Books of Accounts and certification from M/s G.N.H. R [P] Ltd., Kolkata and the appellants have also produced certain Hall Marking issued by them from time to time. In that circumstances, the appellants were able to discharge their onus of procurement of gold through licit means in terms of Section 123 of the Customs Act, 1962. 7. On the other side, the Revenue has failed to discharge their onus to prove that the gold in question is of foreign marking or smuggled one. 8. In that circumstances, we hold that the gold in question cannot be held liable to be confiscated. Consequently, the order for confiscatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
