2000 (9) TMI 654 - AT - Central Excise

Summary

Issues:
1. Confiscation of Indian currency and goods seized from the appellant's residence.
2. Imposition of penalty on the appellant.

Confiscation of Indian currency and goods seized from the appellant's residence:
The case involved the apprehension of an individual with Indian currency stated to be the sale proceeds of gold biscuits handed over by the appellant. The appellant denied involvement in smuggling activities and claimed lawful acquisition of the seized goods. The Tribunal previously set aside confiscation orders, leading to the current adjudication. The appellant's explanation regarding the source of the currency was deemed unacceptable due to delays in disclosure and inconsistencies in statements. The un-retracted statement of a co-accused formed a basis for action against the appellant. The authorities found discrepancies in the appellant's and another individual's statements, concluding that the seized amount was proceeds of smuggled gold. Despite reducing the penalty due to the time elapsed since the incident, the appellant was held liable for penalty.

Imposition of penalty on the appellant:
The appellant's defense regarding the lawful acquisition of goods seized from his residence was rejected by the authorities. The burden of proving the goods were illegally brought into India was not discharged by the Department. The appellant provided documents supporting the valid acquisition of goods, but they were rejected as insufficient. The Tribunal set aside the confiscation orders of the goods and a scooter, as the Department failed to establish their smuggled nature. The penalty imposed on the appellant was reduced to Rs. 25,000 considering the circumstances. The Tribunal partially allowed the appeal by setting aside the confiscation of goods and the scooter, while reducing the penalty imposed on the appellant.