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Penalty in a Custom case for alleged smuggling of gold biscuit - Rejection of appeal against penalty imposition by Commissioner (Appeals) - Appeal before Tribunal. Analysis: The judgment by the Appellate Tribunal CESTAT, Mumbai dealt with an appeal regarding the penalty imposed in a Custom case involving the alleged smuggling of a foreign-made gold biscuit. The appellant, who was penalized, had his appeal rejected by the Commissioner (Appeals), leading to the appeal before the Tribunal. The gold in question was seized by the Porbandar Police from an individual named Shri Shantilal Paida, who implicated the appellant as the owner. The appellant claimed to have purchased the gold from a dealer in Bombay and presented supporting documents. However, the adjudicating authority disregarded this evidence, penalized the appellant, and confiscated the gold. The Tribunal observed that the appellant's detention under COFEPOSA prior to this case seemed to influence the lower authorities more than the available evidence. The judgment emphasized that the burden of proving the smuggled nature of gold lies with the Customs Authorities, not the possessor. Despite the appellant's attempt to prove the legitimate purchase of the gold, the Customs Authorities failed to investigate, leading the Tribunal to question the lower authorities' decisions. Ultimately, the Tribunal ruled in favor of the appellant, allowing the appeal and providing all consequential reliefs as per the law. The impugned orders passed by the lower authorities were set aside, highlighting the importance of proper investigation and the burden of proof in cases involving alleged smuggling of goods.
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