2007 (5) TMI 152 - AT - Customs

Gold Bars Department s version of recovery from rectum is not supported by any Doctor s Certificate or X-ray Gold did not have foreign marking - Weight and purity are not standard Smuggling not proved by evidences so Revenue s appeal rejected

Summary

Issues:
- Seizure of gold bars without proper evidence
- Allegation of smuggling without foreign markings
- Reliance on appellants' statements
- Verification of gold's origin and intended use
- Benefit of doubt to be extended

Seizure of gold bars without proper evidence:
The appellants argued that the impugned gold bars were seized far from the border without foreign markings, and the Department's claim of it being carried in the rectum lacked supporting X-Ray or Doctor's certificate. The Tribunal noted the weight and purity of the gold bars, along with the absence of standard weight and 999 purity, making it doubtful that the gold was foreign-made and smuggled. The Department's failure to verify the appellants' explanation that the gold was for conversion into ornaments further weakened their case.

Allegation of smuggling without foreign markings:
The Tribunal observed that the gold bars did not bear foreign markings, and their varying weights and purity below 999 raised doubts about their foreign origin and smuggling. The lack of conclusive evidence supporting the Department's claim, coupled with the absence of verification regarding the intended use of the gold, led to the decision to set aside the impugned order.

Reliance on appellants' statements:
The Department relied on statements made by the appellants, emphasizing their initial support for the Department's case before submitting retractions. However, the Tribunal considered the timing of these retractions, which were made after ten days, and found that the lack of concrete evidence and verification weakened the Department's position.

Verification of gold's origin and intended use:
In analyzing the case records and arguments presented, the Tribunal highlighted the importance of verifying the origin and intended use of the seized gold bars. The lack of foreign markings, the varying weights, and the absence of evidence supporting the Department's claims raised doubts about the gold being of foreign origin or smuggled. The failure to confirm the appellants' explanation regarding the gold's purpose further contributed to the decision to extend the benefit of doubt to the appellants.

Benefit of doubt to be extended:
After considering all the facts and circumstances of the case, the Tribunal concluded that the benefit of doubt should be extended to the appellants. The lack of conclusive proof regarding the foreign origin and smuggling of the gold bars, combined with the absence of verifications and supporting evidence, led to the decision to set aside the impugned order and allow the appeals in favor of the appellants.