2017 (10) TMI 91

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..... ion the goods were seized - the Ld. Advocate stated that the appellant purchased the seized gold upon payment through RTGS. But no evidence was placed. Considering the value of gold, the quantum of penalty imposed on the appellants should be reduced. Penalty imposed on Shri Utpal Kr. Dey and Shri Dipak Sen is reduced to ₹ 5,00,000/- and ₹ 1,00,000/- respectively - absolute confiscat .....

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..... ion of the foreign origin gold. Shri Dipak Sen in his statement stated that he was working under Shri Utpal Kr. Dey (alias Bapi) for carrying the gold. It is found that Shri Utpal Kr. Dey had taken the said premises on rent. A show cause notice dated-31/07/2013 was issued proposing to confiscate the seized gold and to impose penalty on various persons. By the Adjudication order, the Commissioner o .....

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..... order to get a better market/value at the time of their sale. But the Department did not investigate/look into the matter/deposition any further and framed the charge. It is also submitted that the appellant disclosed the source of procurement of the seized gold and therefore, absolute confiscation is not permissible. He submits that without prejudice, the Adjudicating Authority should have relea .....

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..... i) Samir Kumar Roy Vs. Commr. of Customs (Prev.), Calcutta-2001 (135) E.L.T. 1036 (Tri.-Kolkata) (ii) Kapildeo Prasad Vs. Commr. of Customs (Prev.), Patna-2002 (142) E.L.T. 668 (Tri.-Kolkata) (iii) Nand Kishore Sumani Vs. Commr. of Customs, Central Excise Service Tax, Siliguri-2016 (333) E.L.T. 448 (Tri.- Kolkata) In the above cases the appellant produced some documents such a .....

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..... value of gold, I find that the quantum of penalty imposed on the appellants should be reduced. In view of the above discussion, absolute confiscation of the seized gold is upheld. The penalty imposed on Shri Utpal Kr. Dey and Shri Dipak Sen is reduced to ₹ 5,00,000/- and ₹ 1,00,000/- respectively. Both the appeals are disposed of in the above terms. (Pronounced in the Court on 15/ .....

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