2009 (5) TMI 182

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..... t have taken place, in the light of CBEC Circular F.No. 394/233/88-CUS (AS) dated 11-6-1990 - we set aside the confiscation and penalty and allow the appeal - C/410/2002 - 534/2009 - Dated:- 5-5-2009 - Ms. Jyoti Balasundaram, Vice-President and Shri P. Karthikeyan, Member (T) S/Shri S. Krishnanandh , Consultant and B. Satish Sunder, Advocate, for the Appellant. Shri N.J. Kumaresh .....

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..... tensils) have since been notified under section 123 of the Customs Act 1962 vide Notification No. 28 (Customs) dated 8-6-90, thereby shifting the burden of proving whether the seized silver is smuggled or not on the persons from who silver bullion is seized. In order to prevent the possibility if undue harassment to law abiding persons possessing small quantities of silver bullion of Indian origin .....

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..... m the purview of chapter IV-B of the Customs Act 1962." Therefore, without going into the question as to whether explanation can be given by the appellant for possession of 30.157 Kgs. of silver, applying the ratio of the decision (sic) cited supra, we set aside the confiscation and penalty and allow the appeal. (Order dictated and pronounced in the open Court) - - TaxTMI - TMITax - Custom .....

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