Foreign marked gold was a restricted item, not prohibited. Appellants produced import Bill of Entry from...

Foreign marked gold was classified as a restricted item rather than prohibited. The appellants presented an import Bill of Entry from a bank, asserting a legitimate purchase supported by their accounts. The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) determined that once the appellants provided these documents, the burden shifted to the department to investigate or counter the evidence. The department's failure to do so, alongside the matching import details, led to the conclusion that the preponderance of probability favored the appellants. Consequently, the confiscation was overturned, and the appeal was allowed by CESTAT. .....

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