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TMI Blog2014 (6) TMI 25X X X X Extracts X X X X X X X X Extracts X X X X ..... was actually the sale proceeds of the clandestinely sold excisable goods - before confiscating the currency, the Revenue must establish that there was by sale; that the sale was of smuggled goods; that the sale was a person having knowledge reason to believe that the goods were smuggled origin; that the identity of the seller and buyer must be established by the customs authorities. If all the ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ods, which the appellant had, in any case stopped manufacturing with effect from November, 2006 - Decided in favour of assessee. - Appeal No. E/82/2012 -EX[SM] - Final Order No.51386 - Dated:- 4-4-2014 - Mrs. Archana Wadhwa, J. For the Respondent : Shri RK Mishra, DR JUDGEMENT Per Hon ble Mrs. Archana Wadhwa : The challenge in the present appeal is to absolute confiscation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... He submitted that the fact is the said amount is related to his new Sanjay Medical Stores, in as much as he has stopped the manufacturing activities of Gutka in November, 2006. 3. The proceedings were initiated against the appellants culminated into absolute confiscation of the Indian currency along with imposition of penalty of identical amount in terms of Rule 26 of Central Excise Rules, 200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... violation of Section 121 cannot be made out. The said decision stands followed in a number of subsequent decisions and it stands held that in the absence of any evidence to establish the Indian currency as sale proceeds of tainted goods, the benefit has to be extended to the appellant. One such reference can be made to the decision of the Tribunal in the case of Malar Vs. Collector of Customs Ce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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