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TMI Blog2018 (2) TMI 1619X X X X Extracts X X X X X X X X Extracts X X X X ..... atisfactory explanation in respect of storing of huge quantity of Cough Syrups and Bangladeshi Taka. It is presumed by the Revenue that the said amount is related to the sale proceeds of smuggled goods. At the time of seizure of Indian currency, the appellant could not give any explanation. Subsequently, Late Gopal Chandra Shil took a plea that the recovered Indian Currency notes were the advance payment received from the intending purchaser against the sale of the land and submitted copy of Deeds and Agreements. The Adjudicating authority had not examined the documents as these were not produced at the time of recovery - the Adjudicating authority cannot brush aside these evidences for the reason that these were not produced at the time ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and further penalty of ₹ 2 Lacs each on Shri Ranjit Saha, Shri Manish Saha, Shri Anjan Roy, Shri Motilal Saha and Shri Badal Saha, Shri Lalit Mohan Ghosh and Shri Ratan Lal Ghosh under Section 114 of the Act, 1962. Shri Gopal Chandra Shil filed Appeal No. C/71035/2013 and died on 14.08.2016. Shri Nirmal Chandra Shil, son of late Gopal Chandra Shil filed application for substituting his name as legal heir in the appeal of late Gopal Chandra Shil, which was allowed. 2. Heard both the sides and perused the records. 3. I find that the Customs Officers recovered the Cough Syrups, Bangladeshi Taka and Indian Currency Notes from the residents of late Gopal Chandra Shil. The case of the Revenue is that the seized Cough Syrups were atte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Learned A/R reiterated the findings of the Adjudicating authority. 6. I find from the records that export of Phensedyl Recodex Cough Syrup for illegal exportation to Bangladesh through a route other than the specified route under Section 7(1)( c) of the Act, 1962 is prohibited. It has been alleged that the Bangladeshi Currency Note were the proceeds of cough syrup sold in violation of Section 11 of the Act, 1962, Notification No. 31/2008-CUS (NT) dated 25.03.08 and 35/2008-CUS (NT) dated 02.04.2008 read with provisions of the foreign Trade ( Development and Regulation) 1992. It is seen that the appellant had failed to give any satisfactory explanation in respect of storing of huge quantity of Cough Syrups and Bangladeshi Taka. So, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot produced at the time of recovery. In my considered view, the Adjudicating authority cannot brush aside these evidences for the reason that these were not produced at the time of recovery. In any event, the Adjudicating authority should have examined the documents produced by the appellant in support of the contention that the seized Indian currency were not related to the sale proceeds of smuggled goods. Hence, I am unable to accept the findings of the Adjudicating authority in respect of the confiscation of the Indian currency. In any event, the Adjudicating authority should have verified the records, evidences and if necessary he could have taken the opinion of the Income Tax authorities in respect of huge amount of Indian currency. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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