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Issues: Contesting imposition of penalty and confiscation of gold bars based on seizure and acquisition of gold bars.
In this case, the appellants contested the imposition of penalty and confiscation of gold bars in appeals against a common order-in-original. The incident leading to the case involved the interception of an individual, Shri Lalit Kumar Khatri, while traveling, and the recovery of 15 gold bars from him without valid purchase documents. However, Shri Lalit Khatri later disclosed the source of acquisition of the gold bars, stating they were purchased from another individual, Shri V.K. Patel, supported by a bill issued to his father, Shri Motilal Khatri. Further investigation revealed a chain of legitimate transactions leading back to the import of the gold bars by a company, M/s. Zaveri & Co., from Corporation Bank. The non-production of the bill at the time of apprehension did not cast doubt on its genuineness, especially when corroborated by statements and evidence from other parties involved in the transaction. The overwhelming documentary evidence presented in the case, including statements and bills, supported the legitimacy of the acquisition of the gold bars and contradicted the claim that they were smuggled goods. As a result, the tribunal found that the seized gold bars were not smuggled goods, leading to the decision to set aside the confiscation and penalty imposed on the appellants. Additionally, no incriminating items were found in the premises of the other appellants, and the Indian currency seized from one of them was accounted for from his books of account, further supporting the appellants' case. Ultimately, the tribunal concluded that the impugned order could not be sustained based on the evidence presented, and therefore set it aside against all the appellants. The appeals of the appellants were allowed with consequential relief, in accordance with the law.
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