2001 (4) TMI 102 - HC - Customs

Summary

Issues:
1. Interpretation of the term "Suisse" in the context of gold biscuits under the brand name "Credit Suisse."
2. Confiscation of silver ingots based on weight discrepancies.

Issue 1: Interpretation of the term "Suisse"
The case involved the seizure of gold bars and silver ingots from the petitioner's premises without valid documentation to prove licit origin. The petitioner claimed the gold was minted in Switzerland by "Credit Suisse." The Customs Officer confiscated the goods, leading to an appeal before the CEGAT. The petitioner argued that the gold was duty-paid and imported by Shamsudeen, supported by a baggage receipt. The petitioner contended that "Suisse" and "Credit Suisse" gold bars were manufactured by the same company, Valcambi S.A. The Court rejected the petitioner's argument, emphasizing the need for accurate documentation to establish the legal import of goods. The Court held that discrepancies between the seized goods and the receipts presented undermined the petitioner's claims, leading to a ruling in favor of the Revenue.

Issue 2: Confiscation of Silver Ingots
The silver ingots seized from the petitioner's premises were contested on the basis of weight differences between the receipts and the actual ingots. The petitioner failed to prove the lawful import and payment of duty for the silver. The Court noted discrepancies in weight and rejected the petitioner's argument, stating that the burden of proof was not met. The Court ruled against the petitioner, upholding the confiscation of the silver ingots and emphasizing the importance of accurate documentation to establish the legal acquisition of goods. The authorities' decisions were deemed valid, and both questions were answered in favor of the Revenue, concluding that the petitioner failed to substantiate the licit import of gold and silver, resulting in the rejection of the petitioner's claims.