2007 (3) TMI 564 - AT - Customs

Summary

Issues:
1. Confiscation of gold bars of foreign origin.
2. Verification of bill regarding sale of gold bars.
3. Discrepancies in weight of gold bars.
4. Imposition of penalties.
5. Availability of verification report.
6. Legal import of gold bars.
7. Liability for penalties.

Confiscation of Gold Bars of Foreign Origin:
The case involved the recovery of 18 gold bars of foreign origin from the possession of the appellant. The appellant produced a bill issued by M/s. Dhancholia Sons regarding the sale of these gold bars. The Deputy Commissioner (Preventive) verified the bill and confirmed that the sale was made to the appellant by Shri Badri Narain, the proprietor of Dhancholia Sons. The Customs authorities also recorded statements supporting the sale. However, the impugned order confiscated the gold bars and imposed penalties, which the appellant challenged.

Verification of Bill Regarding Sale of Gold Bars:
The appellant contended that the gold in question was purchased from M/s. Dhancholia Sons and was duly recorded in the books of account. The weight discrepancy between the weight of gold mentioned in the bill and the weight of the recovered gold was only .03%, which the appellant attributed to a possible weighment error. The appellant argued that the evidence, including the bill and entries in the books of account, supported the purchase, and the confiscation and penalties were unjustified.

Discrepancies in Weight of Gold Bars:
The weight of the gold bars mentioned in the bill produced by the appellant slightly differed from the weight of the recovered gold. The appellant argued that this minor variation of .03% could be due to a weighment error. The Commissioner (Appeals) had rejected the appellant's contention based on this discrepancy, but the Tribunal found merit in the appellant's argument regarding the minor difference in weight.

Imposition of Penalties:
The appellant also challenged the imposition of penalties based on the confiscation of the gold bars. The appellant maintained that the purchase was legitimate, supported by documentation and entries in the books of account. The Tribunal considered the evidence presented by the appellant and found that the penalties imposed were not justified in the given circumstances.

Availability of Verification Report:
The appellant raised a concern regarding the non-availability of the verification report conducted by the Deputy Commissioner (Preventive). The report was mentioned in the show cause notice but was not provided to the appellant. However, this issue did not directly impact the Tribunal's decision to set aside the impugned order and allow the appeals.

Legal Import of Gold Bars and Liability for Penalties:
The revenue authorities contended that the gold bars of foreign origin recovered from the appellant were not proven to be legally imported into India. They argued that the bill produced by the appellant was an afterthought. However, the appellant provided evidence, including the bill and statements, to support the legal purchase of the gold bars. The Tribunal considered the evidence presented and found that the appellant was not liable for penalties, overturning the decision of the Commissioner (Appeals).

In conclusion, the Tribunal set aside the impugned order, allowing the appeals filed by the appellant based on the evidence presented regarding the legitimate purchase of the gold bars and the minor discrepancy in weight.