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Customs - Highlights / Catch Notes

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Confiscation of goods - Smuggling - foreign origin Betel Nuts - ...


Confiscation of Betel Nuts Overturned: Customs Authorities Fail to Prove Smuggling Under Customs Act, 1962.

December 6, 2023

Case Laws     Customs     AT

Confiscation of goods - Smuggling - foreign origin Betel Nuts - Impugned goods namely betel nuts are not specified under Section 123 of the Customs Act, 1962 and the burden to prove the smuggled nature of the same is on the Custom Authorities. - Cancellation of registration under GST may be for violation of the provisions of that Act, and non existence of consignor etc., at specified address do not establish the case of the revenue for holding the goods to be of foreign origin and smuggled into India. - Authorities failed to discharge such burden - Order of confiscation and penalty set aside - AT

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