TMI Blog2023 (11) TMI 271X X X X Extracts X X X X X X X X Extracts X X X X ..... etter dated 19th October 2023 can be construed as an order for the purpose of Section 110(5) of the Customs Act, 1962. The total purchase is from the three parties referred to herein-above by the Petitioners aggregates to Rs. 22 crore and the duty calculated at 10% on the said amount would be Rs. 2 crore, assuming the Respondents are correct in their contentions. At the same time, the Petitioners have attended the summons and they are cooperating with the investigation. The Respondents also need to be protected in case of any demand arising on account of the investigation. The Petitioners business should also not to be affected by the attachment of the bank account and at the same time, the interest of the revenue should also be protect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. Kaka Gold LLP AAZFK3711H1ZZ 2120787999 4. Shri Bharat Fatehlal Parmar (Saving A/c) 1412625065 3. BRIEF FACTS ARE AS UNDER :- The Petitioners are engaged in the business of buying and selling gold. On 20th September 2023, the office premises of the Petitioners were searched and Panchnama drawn. Thereafter the statement of the Shri Bharat Parmar, the person In-charge of the Petitioners were recorded under Section 108 of the Customs Act, 1962. The Respondents served various summons to the Petitioners which were duly attended by Shri Bharat Parmar and the statements were recorded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i and these entities have been found to be non-existent and therefore, the purchase made by the petitioners from these parties are doubtful. The Respondents have taken us through the Affidavit in reply to allege the chain in which M/s. SL Creation, M/s. Tanvi Gold Private Limited and M/s. Gyanesh Jewel Gold, Mumbai are involved and since the Petitioners have purchased the gold from these parties, it is alleged that the Petitioners are also involved in this chain and therefore, the goods purchased are smuggled goods. The Respondent have therefore justified the attachment of the bank account. The Respondents have also stated that there is no requirement of giving any hearing before the provisional attachment and it was to protect the interest ..... X X X X Extracts X X X X X X X X Extracts X X X X
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