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TMI BlogComplexities of Gold Importation - Prohibited Goods and Redemption: An Analysis of the 2023 (8) TMI 1008 - Delhi High Court CaseX X X X Extracts X X X X X X X X Extracts X X X X ..... eply rooted in various cultures, particularly in India, where it is seen not just as a precious metal but as a symbol of divine power and wealth. The case 2023 (8) TMI 1008 before the Delhi High Court delves into the intricate legal challenges surrounding the importation of gold into India. This comprehensive article will explore the multiple dimensions of this case, including the interpretation o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns whether the importation of gold into India falls under the category of 'prohibited' goods as per Section 2(33) read with Section 11 of the Act. Additionally, the case raises the question of whether bringing gold into India without declaring it at customs constitutes smuggling under Section 2(39) and Section 111 of the Act. 3. Common Challenges Across Writ Petitions All five writ petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents on Prohibited Goods and Redemption The petitioners argue that gold importation is not 'prohibited' under the Act or any other statute, thus making the adjudicating authorities' decision to not allow redemption of the goods baseless. They cite various cases where redemption of similar goods was allowed and emphasize that gold importation is not prohibited but merely restricted unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not necessitate absolute prohibition as the sole criteria for its invocation. 8. Court's Analysis and Consideration The court meticulously considered the submissions, written records, and cited case laws. It framed the principal questions around the scope of 'prohibited goods', whether gold is a prohibited item, and the extent of redemption under Section 125 of the Act. 9. Examination ..... X X X X Extracts X X X X X X X X Extracts X X X X
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