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TMI Blog2018 (3) TMI 1554X X X X Extracts X X X X X X X X Extracts X X X X ..... the presumption in terms of Section 123 of the Customs Act, 1962. There is no reason to interfere with the conclusion of the Adjudicating Authority that the seized gold biscuits are liable for confiscation under Section 111 of the Customs Act, 1962 - the penalties imposed on the persons who have actively participated in the act of smuggling gold are justified and hence upheld. Penalty on Sri Sashikanta Shinde and Sri Ajit Shinde, Dirctors and Sri Anand Kr. Agarwal, Accountant of M/s. Magna Projects - Held that: - By issuing duplicate invoices, the following persons-Sri Sashikanta Shinde and Sri Ajit Shinde, Dirctors and Sri Anand Kr. Agarwal, Accountant of M/s. Magna Projects have abeted smuggling and therefore, the penalties imposed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No.32095/15 where vide order dated 23/11/2015, the SLP was dismissed. However, the petitioners were directed to approach this Tribunal to take all such grounds available to them including the grounds raised in the SLP. Thereafter, the present appeals have been filed. 3. With this background, we heard Shri Nihar Dasgupta , Ld. Counsel for the appellants. The Ld. Counsel submits that the gold belongs to Sri R.K. Angangbi Singh who is the owner of M/s. Radhika Jewellers . He had other businesses also like tiles, granites etc. It is the submission of the Ld. Counsel that the gold was purchased from M/s. Magna Projects Pvt. Ltd., Bullion Merchants, Kolkata, on 1st January, 2013 for which the appellants paid through A/c. Payee cheques. The Ld ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed whereas as per the record the said gold was actually sold to different persons by M/s. Magna in their respective capacity. He submits that this attempt was only to save the skin of Shri R.K. Angangbi Singh who has failed to discharge the liability as per the Customs Act, 1962. The invoices produced did not correspond to the recovered gold biscuits and lastly , he justified the impugned order. 5. Heard both sides and perused the appeal record.The Adjudicating authority has taken the view that 26 pcs. Of gold biscuits totally weighing 4334.79 gms. and valued at ₹ 1.22 Crores , recovered from two persons at Dimapur Railway Station were smuggled gold . Accordingly, he has ordered confiscation of the seized gold under Section 111 (b) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was seized. These three tax invoices produced by them were showing sale of gold of 01 kg. Bars and a few smaller pieces by M/s. Magna Projects Pvt. Ltd. but the gold biscuits seized did not conform to the above specifications. 7. It is further noticed that after the seizure of the goods on 26/08/2014, subsequently, on 9/9/2014, the appellants submitted copies of five invoices, said to have been issued by M/s. Magna Projects Pvt. Ltd. in favour of Shri R.K. Angangbi Singh. Yet again, as part of the Writ Petition before the Hon ble High Court, it was claimed that the goods were covered by three different transit challans. During investigation, it was established that none of the invoices produced by the accused persons were issued by M/s. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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