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2007 (12) TMI 370 - AT - Customs

Issues:
- Confiscation of betel nuts
- Imposition of penalty

Confiscation of Betel Nuts:
The appellant claimed that the betel nuts were procured locally, supported by purchase vouchers. However, the Department argued that the appellant failed to satisfactorily explain the legal importation of the goods. The Department contended that the quantity procured locally was implausible, with no sales documents to verify the purchase. The authorities found discrepancies, such as the absence of sales invoices and lack of evidence of cash withdrawal from the bank for the purchase. The purchase vouchers did not provide verifiable addresses of the sellers. Trade expert reports indicated the goods were of foreign origin and not lawfully imported by the appellant. The Tribunal upheld the authorities' decision, citing insufficient evidence to challenge the findings.

Imposition of Penalty:
The value of the goods owned by the appellant was Rs. 1,87,500, while a penalty of only Rs. 5,000 was imposed by the authorities. The Tribunal deemed this penalty lenient and declined to interfere with it. The judgment concluded that the impugned order did not warrant any intervention, leading to the dismissal of the appeal.

 

 

 

 

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