9911796707
TMI Blog2006 (12) TMI 422X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri M.K. Rajak, DR, for the Respondent. [Order per : M.V. Ravindran, Member (J)]. These appeals are filed against the order-in-original 10-07-2002 vide which 50 gold bars were absolutely confiscated and penalties imposed on the appellants herein. Since all these appeals arise out of the common impugned order they are disposed off by a common order. 2. The relevant facts that arise f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellants and came to conclusion that the seized gold bars of smuggled nature and hence absolutely confiscated the same and imposed penalties on the appellant under Section 112 of the Customs Act, 1962. Hence these appeals. 3. The learned Senior Counsel appearing for all the appellants submits that the adjudicating authority has not considered the evidences filed by the appellants as regards the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he statements it would indicate that the gold bars were not legally imported. He takes us through the statements to press home his point. 5. Considered the submissions made by both sides at length and perused records. It is the claim of the appellants that gold bars were purchased by them from M/s. C. Arvindkumar Co. vide bill No. 7419, dated 17-1-2002. It is on record and undisputed that M/s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bove 3 parties have purchased the gold and made its payment on the same way, it is not understood as to why payment was not made to M/s. Choksi Arvindkumar Co., by M/s. Honest Bullion who were claiming that the goods were legally purchased from them. The chain sought to be proved as legal import was broken at this stage and it appeared that the goods were not purchased from M/s. Choksi Arvindkum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... seen in this case that the revenue has not been able to discharge their burden that said gold bars were imported illegally while the appellant has been able to demonstrate that the said gold bars were in their licit possession. We have no hesitation in holding that the absolute confiscation of the seized gold bars is unsustainable, as all the documentary evidences produced indicate that the gold b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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