9911796707
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Issues:
- Disputed correctness of the impugned order-in-appeal affirming the order-in-original for confiscation of seized goods and penalty imposition. - Whether the goods were restricted under Section 123 of the Customs Act. - Validity of the import of goods under transfer of residence and subsequent sale. - Burden of proof on the appellant regarding the legal acquisition of goods. - Relevance and authenticity of the baggage receipts presented by the appellant. - Applicability of legal precedents cited by the appellant's counsel. - Justifiability of the confiscation of goods and penalty imposition. Analysis: The appellant challenged the correctness of the impugned order-in-appeal that upheld the order-in-original for confiscation of seized goods and imposition of a penalty of Rs. 1,00,000. The appellant argued that since the goods were not restricted under Section 123 of the Customs Act, no presumption of smuggling could be made, citing valid import under transfer of residence and subsequent sale supported by baggage receipts. The appellant relied on legal precedents like Esquire Electronics v. CC, Arvindbhai Nyalchand Mehta v. CC, and Radha Kisha Bhatia v. UOI to support their claim. The Departmental Representative (DR) contested the appellant's arguments, stating that the correlation of goods with the presented baggage receipts was not established. After hearing both sides and examining the records, it was noted that the seized goods were of foreign origin and not notified under Section 123 of the Customs Act. The appellant claimed to have purchased the goods from an unknown person who brought them under specific baggage receipts. However, the appellant failed to disclose the seller's name, provide an affidavit, or present any other document to prove the legal acquisition of the goods. The Tribunal found that the baggage receipts did not support the appellant's claim, as they did not match the seized goods' details. The appellant's explanation regarding stickers indicating origin and year of manufacture was deemed misconceived. The Tribunal highlighted discrepancies in the endorsements on the baggage receipts and the lack of acknowledgment from the owner of the receipts regarding the sale of foreign origin goods to the appellant. Consequently, the lawful possession of the foreign origin goods by the appellant was not proven, justifying the confiscation and penalty imposition. The Tribunal concluded that the legal precedents cited by the appellant's counsel were not applicable to the case based on the presented facts and circumstances. Therefore, the impugned order was upheld, and the appellant's appeal was dismissed. The decision was made after considering the evidence, lack of proof of legal acquisition, and inconsistencies in the appellant's claims and documentation.
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