Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Customs - Highlights / Catch Notes

Home Highlights June 2024 Year 2024 This

CESTAT CHENNAI held that in a case involving smuggling of gold ...


Gold smuggling case: Currency & cars confiscated based on unreliable statements. Onus on department to prove guilt. Appeals succeed.

June 3, 2024

Case Laws     Customs     AT

CESTAT CHENNAI held that in a case involving smuggling of gold from Sri Lanka, confiscation of Indian currency and seized cars, the burden of proof rested on the department. The tribunal found that the evidence, including third-party statements, was not sufficient to establish guilt beyond reasonable doubt. The order lacked satisfactory addressing of legal issues and relied on assumptions rather than concrete proof. The appellants' acquittal in a criminal case further weakened the case against them. The tribunal set aside the impugned order, ruling in favor of the appellants and granting them consequential relief as per law.

View Source

 


 

You may also like:

  1. Smuggling - illegal importation of the seized gold - Confiscation of the gold and Indian currency - The Tribunal found no evidence linking the seized Indian currency to...

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

  3. 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...

  4. CESTAT set aside the Commissioner's order confiscating currency worth Rs.1.29 crores under Section 121 of the Customs Act, 1962, and vacated penalties imposed on all...

  5. Smuggling - Gold - Seizure of gold - period of limitation - The appellant has able passed their onus of ownership acquisition of the gold in question. As the appellant...

  6. Smuggling - Gold of foreign origin - Absolute Confiscation - town seizure - reliability of statements/retraction of statements - The tribunal highlighted inconsistencies...

  7. Appellant proved ownership of gold bars through valid invoices, discharging initial onus. Revenue failed to establish invoices unrelated to seized gold, lacking inquiry...

  8. 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...

  9. Smuggling - Absolute confiscation of the twelve gold biscuits of foreign origin - The Tribunal noted a lack of conclusive evidence showing the gold was of foreign origin...

  10. Detention order - Smuggling - Gold - currency - Baggage Rules - the order of preventive detention is a preventive measure and that predicated on the admissible voluntary...

  11. Smuggling - Gold - The onus lies on the Revenue to prove that the goods in question are of smuggled in nature, which the Revenue has failed to discharge their onus with...

  12. HC upheld orders of Commissioner (Appeals) confiscating gold bars and cash from petitioners. Petitioners were given adequate opportunity, no violation of natural justice...

  13. The appellant's gold was seized at the airport based on suspicions of smuggling. However, procedural irregularities, doubts about the voluntariness of the appellant's...

  14. 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...

  15. Smuggling of IC - Proceeds of Smuggled silver - No Evidence - onus to prove that the Indian currency and the sale proceeds of smuggled goods is on the Revenue - AT

 

Quick Updates:Latest Updates