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TMI Blog2001 (4) TMI 102X X X X Extracts X X X X X X X X Extracts X X X X ..... law, in the light of the Petitioner's claim that it had shown that the gold that was seized was minted in Switzerland and the minting of gold therein was by "Credit Suisse"? 2. Whether the Tribunal has erred in directing confiscation of silver ingots on the sole ground that there is difference in weight when the difference is relatively small being about 3 Kgs. while the total quantity of the silver seized is 234.904 Kgs? 2.Brief facts are as follows :- On 19-3-1993, acting on information the Officers attached to Intelligence Unit, Custom House, Madras searched the residential premises of one Shri A. Kabeer at No. 22, Vengupillal Street, Egmore, Madras-8 and recovered 42 Nos. gold bars of 10 Tolas each with foreign marketing in a bun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 14-9-1993 to which a reply was given by him on 26-9-1993 and there was exchange of notice between the Petitioner and the Respondent. After having heard the Petitioner, an Order came to be passed by the Collector of Customs, Madras on 17-2-1994 confiscating the gold bars and 6 Nos. of Silver ingots, total value of Rs. 33,94,174/-. 3.As against the abovesaid Order, the Petitioner preferred an appeal before the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT), Madras in Appeal No. C/136/94/MAS, which by its order dated 22-4-1996 confirmed the Orders of the Collector of Customs, Madras, wherein it was held that baggage receipts produced do not tally with the gold seized. The mere statement of the petitioner that one Shamsudee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the baggage receipts, three in number for the valid import of silver ingots. Possession of Indian currency to any value is not an offence, unless it is not explained when called upon by the Income Tax Authorities. As such, gold and silver seized from the petitioner are not liable for confiscation under Section 111(d) of the Customs Act, 1962 read with Section 3(3) of the Foreign Trade (Development Regulation) Act, 1992. Reference was also made to the statement obtained from Shamsudeen, who in his statement had stated that he is residing at Jaloukuku, Singapore and he owns a Singapore Passport. He got property at Opillon, Ramnad District. On 6-2-1993, he came to India and brought 42 Nos. gold bars bearing markings Credit Suisse with a view ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ention, he has pointed out from the book Gold Refiners and Bars Worldwide authored by Nigel Desebrock at Page No. 203 that one P.A. MPSA of Switzerland was manufacturing gold with the marking Suisse. In 1967 when Valcambi S.A. became a subsidiary of Credit Suisse, a comprehensive range of 6 cast and is minted bars were launched, and they have launched the gold bars under the marking Credit Suisee. 7.The gold bars seized from the Petitioner carry the marking Credit Suisse and these gold bars were manufactured by Valcambi S.A. and they are validly imported by Shamsudeen and necessary customs duty was also paid by him and therefore, the show cause notice dated 14-9-1993 is not valid as it was issued based upon the Import and Export Control A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... marks in the gold bars imported by Shamsudeen and simply written as Suisse, which has resulted in seizure. The baggage receipt dated 6-2-1993 produced by the Petitioner tallies with the claim made by the petitioner that 42 numbers of gold bar was imported by Shamsudeen after having paid necessary duty and therefore, according to Counsel, the said gold bars were not smuggled into India as contended by the Respondent. With regard to Silver bars seized, it is contended that the difference in weight as noted in the baggage receipts and the physical weight is only negligeable and the receipts produced have got to be accepted, as they were licitly imported. 10.On behalf of the Respondent, it is contended that the petitioner has not chosen to p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Though the said argument of the Petitioner appears to be attractive, it is not convincing for the reason that the person who imports gold bars totalling 42 in number and worth of several lakhs, with an intention to sell for higher price in India, has not demanded the concerned authorities to prepare the custom duty paid receipts according to the contents of the gold bars is not acceptable. A company, may manufacture gold under different names, but the question is whether the receipt obtained is relatable to the gold in hand - the answer will be no. In this connection, it is pertinent to note that at the time of search, the Petitioner was found to be in possession of number of receipts issued by Customs Department in respect of imported go ..... X X X X Extracts X X X X X X X X Extracts X X X X
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