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Customs - Highlights / Catch Notes

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Confiscation of the gold bars - remelted gold of foreign origin ...

Case Laws     Customs

March 16, 2024

Confiscation of the gold bars - remelted gold of foreign origin or not - The admissibility and weight of retracted statements - The Tribunal found that the appellants had provided sufficient evidence of a legitimate purchase, including a tax invoice and payment evidence through a banking channel, thereby proving the gold's Indian origin and legitimate acquisition. - The Tribunal recognized the principle that retracted statements could not be solely relied upon for conviction unless supported by independent, credible evidence. In this case, the retraction was deemed credible due to the lack of corroborative evidence of smuggling.

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