9911796707
TMI Blog1993 (7) TMI 192X X X X Extracts X X X X X X X X Extracts X X X X ..... eal against the Order-in-Original of the Additional Collector of Customs (Prev.), Bombay, bearing No. VIII (b) 10/83/Cus/85/19633 dated 17-10-1985. 2. Facts of the case are that the appellant s premises were searched and the officers of the Customs recovered 92 wrist watches of foreign origin valued at Rs. 41,600/-. They also recovered Indian currency worth Rs. 47,650/- during the course of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. Shri M.Y. Gupte, the Ld. Advocate for the appellant, in all fairness did not contest seriously the liability of the wrist watches to confiscation and also the appellant s liability to penalty. The admitted facts are that foreign wrist watches were seized from the possession of the appellant and he could not produce any evidence proving the licit import of the same. Even agreeing with the claim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 5,000/- was given to him and the balance is the sale proceeds of wrist watches. In any case, the department has not established beyond doubt that the money has been acquired by way of sale of smuggled wrist watches. Even the appellant s statement is only of the sale of wrist watches and not smuggled wrist watches. Shri Ravinder Jain, the ld. JDR, however, contends that the wrist watches seized ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ggled nature and the money has been acquired by way of sale of the same. In the circumstances, the benefit of doubt is required to be extended to the appellant with regard to the Indian currency seized. Without prejudice to the liability of these currency for any action under the Income Tax Act or other Acts, the currency is ordered to be released. But for this modification the appeal is otherwise ..... X X X X Extracts X X X X X X X X Extracts X X X X
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