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Customs - Highlights / Catch Notes

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Smuggling - Gold - absolute confiscation - onus to prove - The ...


Tribunal Overturns Gold Seizure, Finds No Evidence of Smuggling; Appellant's Transaction Details Deemed Credible.

April 3, 2024

Case Laws     Customs     AT

Smuggling - Gold - absolute confiscation - onus to prove - The Tribunal noted that the gold seizure occurred during a town seizure, and the gold lacked foreign markings. The person in possession had stated that it was purchased from a legitimate source in Chennai. Therefore, the Customs Officer lacked sufficient basis to conclude that the gold was of foreign origin or smuggled. - The appellant provided detailed evidence of the gold purchase transaction, including the source of funds and the seller's details. The Tribunal found this evidence credible and sufficient to establish the legitimacy of the purchase. - Consequently, the Tribunal set aside the impugned order, granting the appellant consequential benefits.

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