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TMI Blog2017 (9) TMI 597X X X X Extracts X X X X X X X X Extracts X X X X ..... here is no allegation of fake documents placed by the respondents. There is no allegation that the foreign markings bearing on the seized gold are not genuine. It is established from the record that the marking bearing the seized gold are tallied with the documents. There is no material available on record that the other gold bar is available, bearing the same number. Appeal dismissed - decided against Revenue. - Appeal Nos. C/432 & 433/09 Cross Objection No.CO/106/09 - Order No. FO/A/77135-77136/2017 - Dated:- 31-8-2017 - Shri P. K. Choudhary, Member ( Judicial ) Shri S.Dasgupta, DC(AR) for the Revenue Shri B.N.Chattopadhyay, Consultant for the Respondent ORDER Per Shri P. K. Choudhary The facts of the case in brief ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the statement of Md.Zahiruddin of M/s.Bengal Gold Palace confirmed the sale of the said gold bar to M/s.Rahul Bullion Traders and not to Shri Ashok Kr.Adhya, Respondent No.1. It is further submitted that the chain of events would show that the Respondent No.2 is not the owner of the seized gold. 3. The ld.Consultant on behalf of the respondents reiterates the findings of the Commissioner(Appeals). It is submitted that it is clearly evident from the record that the said gold bar was imported through authorized route and it cannot be seized as smuggled gold. It is further submitted that the Revenue proceeded on the basis of the statement of Md.Zahiruddin that M/s.Bengal Gold Palace sold the said gold to M/s.Rahul Bullion, but, no verificat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from M/s.Magma Projects Pvt.Ltd. and the other from leading jewellers of the city, namely, M/s.M.B.Jewellers Sons, Kolkata, to the effect that no two gold bars, weighing 1 kg. each, can have the same serial number. In other words, the serial no. embossed on the 1 kg gold bar is unique. This also seems reasonable otherwise what is the purpose in providing a serial number on a gold bar. Further, if that was not so, there was no rationale behind charging lesser rate of duty on import of serially numbered 1 kg gold bar, in terms of notification No.62/2004-CUS, dated 12.5.2004. These crutial aspects have been missed out by the lower authority while passing the impugned order. 9. Once it is accepted that no two 1 kg gold bars of the same c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etc.. In the present case, the documents would show that the seized gold is not improperly imported goods and therefore, the Commissioner (Appeals) rightly set aside the confiscation of the seized gold. 6. In addition to that, I find force in the submission of the ld.Counsel for the respondents that there is no allegation of fake documents placed by the respondents. There is no allegation that the foreign markings bearing on the seized gold are not genuine. It is established from the record that the marking bearing the seized gold are tallied with the documents. There is no material available on record that the other gold bar is available, bearing the same number, as observed by the Commissioner(Appeals). Therefore, I do not find any re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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