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Customs - Highlights / Catch Notes

Home Highlights May 2025 Year 2025 This

CESTAT adjudicated a case involving alleged gold smuggling, ...


Gold Smuggling Case Dismissed: Lack of Credible Evidence Leads to Reversal of Penalty Under Sections 112(a) and 112(b)

May 10, 2025

Case Laws     Customs     AT

CESTAT adjudicated a case involving alleged gold smuggling, finding insufficient evidence to substantiate charges against the appellant. The tribunal determined that the primary witness statement was not voluntary and no corroborative evidence existed to implicate the appellant in the smuggling offense. Consequently, the tribunal set aside the penalty of Rs.10,00,000/- imposed under Sections 112(a) and 112(b) of the Customs Act, 1962, observing that without reliable proof of the appellant's involvement in the alleged smuggling, punitive action was unwarranted. The tribunal relied on precedential reasoning from a similar case, ultimately allowing the appellant's appeal and nullifying the previously imposed penalty.

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