2003 (7) TMI 156 - AT - Customs

Summary

Issues:
- Appeal against order-in-original dated NIL passed by Commissioner (Appeals)
- Penalty imposed under Section 112 of the Customs Act
- Claim for release of 7 gold biscuits out of 19 seized gold biscuits
- Dispute over ownership and valid purchase of the gold biscuits
- Application of Section 123 of the Customs Act for presumption of goods being smuggled
- Evidence presented by the parties regarding the purchase of gold biscuits
- Adjudicating Authority's decision on absolute confiscation and penalty imposition
- Legal arguments regarding the burden of proof and presumption of smuggled goods
- Analysis of evidence and statements provided by the parties
- Decision on the release of the 7 gold biscuits to the widow

Analysis:
The appeal before the Appellate Tribunal CESTAT, New Delhi challenged the order-in-original passed by the Commissioner (Appeals), involving a penalty imposed under Section 112 of the Customs Act and the claim for release of 7 gold biscuits out of 19 seized gold biscuits. The case initially involved Shri A.N. Agarwal, who passed away during the appeal process, leading to his widow, Smt. Mamta Agarwal, being brought on record. The dispute revolved around the ownership and valid purchase of the gold biscuits, with conflicting statements provided by the parties involved.

The Counsel for the appellant argued that the recovery of gold biscuits by the police did not attract Section 123 of the Customs Act, challenging the presumption that the seized goods were smuggled. Citing legal precedents, the Counsel contended that the burden of proof lay with the Department, which failed to establish the goods as smuggled. Additionally, sufficient evidence was presented to prove the legal purchase of the gold biscuits, which the Adjudicating Authority allegedly ignored without valid reasons.

On the other hand, the JDR supported the correctness of the impugned order, leading to a detailed analysis by the Tribunal. The Tribunal noted the undisputed recovery of the gold biscuits and the conflicting claims made by Shri Tulsidas Agarwal and Shri A.N. Agarwal regarding ownership and purchase. It was highlighted that no evidence suggested the gold biscuits were smuggled goods, emphasizing the Department's failure to prove their illegal nature.

The Tribunal scrutinized the evidence presented, including invoices and statements, concluding that the Adjudicating Authority erred in ignoring the invoices without proper verification. The Tribunal emphasized the lack of evidence to doubt the validity of the purchase claims, ultimately setting aside the order for confiscation and penalty imposition. The decision favored releasing the 7 gold biscuits to Smt. Mamta Agarwal, accepting the appeal with consequential relief as permissible under the law.