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Issues: Appeal against the order of confiscation of seized goods and imposition of penalty u/s Customs Act.
Summary: 1. The High Court reviewed the order of the Customs, Excise and Service Tax Appellate Tribunal, which allowed the appeal of the respondent, setting aside the order for confiscation of seized goods and imposition of penalty. 2. The Tribunal detailed the recovery of mobiles and earphones of foreign origin, highlighting the lack of valid acquisition documents, and noted that the burden was on the Revenue to prove the goods were smuggled, as they were not notified goods under the Customs Act. 3. The Tribunal emphasized the need for evidence to substantiate the allegation of smuggling, referencing a previous case to support its conclusion that the seized goods were freely traded in the market without restrictions in India. 4. The appellant Department argued that the burden shifts to the possessor to prove payment of lawful duty if the goods are liable to customs duty and have not suffered duty, citing a judgment of the Karnataka High Court and the scheme of the Customs Act. 5. The Court discussed the proof required to establish goods as smuggled, mentioning circumstantial evidence such as the condition of goods at seizure, packaging, labeling, and transportation. 6. It was highlighted that confiscation should not be justified solely on the absence of knowledge or documents regarding duty payment, especially when there is no evidence to prove the goods were smuggled. 7. Ultimately, the Court found no substantial question of law necessitating determination and dismissed the appeal.
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