Maintainability of appeal - monetary limit involved in the ...

Gold Bars Legally Obtained via Will, Customs Penalties Overturned, Appeals Dismissed Due to Monetary Limits.

March 23, 2024

Case Laws Customs HC

Maintainability of appeal - monetary limit involved in the appeal - Smuggling - Gold Bars - The case involved the confiscation of 3.5 kg of gold bars by the Custom Authority, which was later contested by the respondents in legal proceedings. The respondents claimed that the gold was possessed as per the terms of a Will executed by one of their grandmothers. The Tribunal found the Will to be valid and accepted that the gold was legally obtained through the legacy mentioned in the Will. Consequently, the Tribunal ruled that the gold did not constitute smuggled items under the Customs Act. As a result, the imposition of penalties by the revenue was deemed unjustified, and the appeals were allowed in favor of the respondents. The High court dismissed the appeals below the monetary limit, as per the litigation policy, with no order as to costs.

View Source

← Previous Next →

Maintainability of appeal - monetary limit involved in the ...

Gold Bars Legally Obtained via Will, Customs Penalties Overturned, Appeals Dismissed Due to Monetary Limits.

March 23, 2024

Case Laws Customs HC

You may also like:

Smuggling of the gold bars - bona fide baggage - The Tribunal found that the appellant knowingly avoided declaring the gold bars upon arrival, thus violating customs...

HC ruled on gold smuggling case involving violation of Customs Act. Appellant failed to discharge burden of proof under Section 123 regarding gold bar with Commerz Bank...

Seizure of Gold Bars - Confiscation - Penalty u/s 112(b) - The case involves the interception of the Appellant carrying 17 pieces of gold of foreign origin in Kolkata....

Imposition of penalty - Smuggling - Gold bars of foreign origin - illegally imported goods - CESTAT held that, once the two Appellants disputed the fact of recovery of...

Smuggling - Gold of Foreign Origin - Commissioner Of Customs (Appeals) quashed the confiscation and penalty - There were no grounds for reasonable belief at the time of...

Smuggling - Gold bars - concealment in the baggage - the applicant crossed the green channel without declaring the impugned articles in his possession in the Customs...

The appellant manufactured 'Gold Dore Bars' having purity less than 95% from gold ore/concentrate and claimed exemption under Notification No. 12/2012-CE as 'Gold Bars'....

Smuggling - Gold Bars - reason to believe that the Gold Bars are of Foreign Origin - Absolute Confiscation - The Magistrate ought to have ordered custody of the smuggled...

Confiscating absolutely seven gold bars having foreign make marking - Smuggling - Hyundai Verna Car - sufficient evidence to prove foreign origin goods - The Tribunal...

Smuggling - seizure of foreign origin gold bars - Burden of proof u/s 123 - Reliability of statements recorded u/s 108 - The Tribunal scrutinized the documents provided...

10kg of gold consisting of 10 gold bars, with 7 bars bearing foreign markings and 3 bars without markings, was seized along with cash from an employee of the appellant....

Smuggling - Gold Bars - Gold Biscuits - Admittedly it is a case of town seizure. Out of the 5 gold bars and 1 cut piece seized, there is foreign marking – ‘rand...

Seizure of gold of foreign origin, silver granules and Indian currency notes - The High Court overturned the CESTAT's decision, emphasizing that: The statements made by...

Confiscation of smuggled gold bars/biscuits u/ss 111(b), 111(d), and 111(f) of the Customs Act, 1962. The appellants failed to establish the licit procurement of the...

Smuggling - Absolute confiscation of three gold bars and one small piece of remelted gold - Penalty u/s 112(a) and (b)(i) of Customs Act - The Tribunal noted that the...

Quick Updates: