9911796707
TMI Blog2017 (9) TMI 597X X X X Extracts X X X X X X X X Extracts X X X X ..... 30.11.2007 stated that he obtained the said gold bar from one Md.Jahiruddin Khan alias Guruji of M/s.Bengal Gold Palace, Kolkata and this was as per direction given to him by Shri Ashok Kr.Adhya, Respondent No.1. On verification, it was found that Zahiruddin Khan had admitted that their firm had purchased the said gold bar from M/s.Magma Project Pvt.Ltd.. After thorough investigation, a Show Cause Notice dated 21.05.2008 was issued by the Assistant Commissioner of Customs, Barasat Customs Division proposing to confiscate the said gold bar and to impose penalty on various persons. It has been alleged that the said gold bar was imported through unauthorized route and manner and liable to be confiscated under Section 111(b) and (d) of the Cust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of smuggled nature. There is no dispute that the seized gold bar is of foreign origin. According to the Revenue, as per the statement of Md.Zahiruddin of M/s.Bengal Gold Palace, the said gold bar was sold to M/s.Rahul Bullion and not to the Respondent No.1. M/s.Rahul Bullion Traders sold the said gold to other persons upon Bills/Tax invoices. Further, the respondents could not produce the documents. The findings of the Commissioner(Appeals) are as under:- "From the various documents produced by the consultant of the appellant and which are not disputed by the Department, 1 Kg of gold bar having Sl.No.B-49424, was imported, after payment of duty, into India By M/s.Indian Overseas Bank. This 1 kg. gold bar was sold to M/s.Magma Projects Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by M/s.Indian Overseas Bank. In other words, it passed from M/s.Indian Overseas Bank, on to M/s.Magma Projects Pvt.Ltd., and to M/s.Bengal Gold Palace and then to the second appellant. The absence of supporting document with the second appellant does not mitigate this finding. It is also not the case of the Department that the gold bar which was found with the second appellant had been worked upon to give the serial No.B49424. In fact, examination of the gold bar, by the officers, during the enquiry did not indicate so. The confiscated gold bar clearly indicates serial No.B 49424. Thus, I am of the view and so I also hold that this 1 kg confiscated gold bar, having serial No.B 49424 had been legally imported into India." It is evident that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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