1988 (1) TMI 179 - AT - Central Excise

Issues:
1. Confiscation of primary gold under the Customs Act, 1962.
2. Penalty imposed under the Customs Act, 1962.
3. Allegations against the appellant and his companion under the Customs Act, 1962 and the Gold (Control) Act, 1968.
4. Compliance with the principles of natural justice in serving the Show Cause Notice and providing relevant documents to the appellant.

Confiscation of Primary Gold:
The appeal challenged the confiscation of 873.850 gms. of primary gold under Section 111(d) of the Customs Act, 1962, along with a penalty of Rs. 5,000 under Section 112. The appellant, a certified goldsmith, was intercepted with the gold at Vijayawada Railway Station. The gold was found in possession of the appellant's companion, Durga Das. The appellant admitted ownership of certain items and stated that the rest belonged to Durga Das. The authorities initiated proceedings under the Customs Act, 1962, and the Gold (Control) Act, 1968, resulting in the impugned order. A separate appeal regarding the confiscation and penalty of gold under the Gold (Control) Act, 1968, was pending before the Collector of Central Excise (Appeals), Madras.

Penalty Imposed:
The appellant contested the penalty imposed under the Customs Act, 1962, arguing that the Show Cause Notice was not served within the statutory period of six months as required by Section 110. However, the Tribunal cited precedents, including a Division Bench ruling of the Madras High Court and a Supreme Court case, to establish that the failure to issue a Show Cause Notice within the stipulated time does not invalidate the Department's power to proceed with confiscation and penalty proceedings under Section 124. The Tribunal rejected the appellant's plea, emphasizing the independence of Sections 110 and 124 of the Customs Act, 1962.

Allegations under Customs Act, 1962 and Gold (Control) Act, 1968:
The appellant and his companion were implicated under the Customs Act, 1962, and the Gold (Control) Act, 1968, based on the possession of primary gold. The appellant claimed ownership of specific items and denied possession of the rest. The proceedings led to the impugned order, prompting the appeal challenging the confiscation and penalty imposed.

Compliance with Principles of Natural Justice:
The appellant's representatives argued that the impugned order violated the principles of natural justice as the Show Cause Notice was not served within the prescribed time, and the appellant was not provided with a copy of the Mint authority report concerning the gold's purity and foreign origin. The Tribunal acknowledged the appellant's challenge regarding the gold's purity but noted that the report was not available when the Show Cause Notice was issued. To uphold natural justice, the Tribunal set aside the impugned order and remitted the matter for reconsideration after providing the appellant with the Mint Certificate and an opportunity to respond.

This detailed analysis of the judgment addresses the issues of confiscation of primary gold, penalty imposition, allegations under relevant acts, and compliance with natural justice principles, ensuring a comprehensive understanding of the legal proceedings and outcomes.

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