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

The case involved jurisdiction for show cause notice and ...


Jurisdiction, penalty, and confiscation of gold jewelry under Customs Act. Show cause notice timing valid due to COVID. No appeal filed. Penalty upheld.

June 11, 2024

Case Laws     Customs     AT

The case involved jurisdiction for show cause notice and Order-in-Original, penalty u/s 112(a) and 112(b) of the Customs Act, and confiscation of gold jewelry. The Tribunal held that confiscation of jewelry from one individual was not appealable. Penalty was upheld for association with individuals involved in seized jewelry. The Tribunal found no issue with jurisdiction for notice and order. The notice issued within COVID-related time extensions. Commissioner's decision was deemed valid despite errors in individual analysis. Burden of proof shifted to the accused due to lack of valid explanations. Penalty upheld under Sections 112(a) and 112(b) of the Customs Act. Appeal was dismissed.

View Source

 


 

You may also like:

  1. Customs officials seized gold jewelry from petitioners on 23-02-2023. Section 110(2) of Customs Act, 1962 mandates issuing show cause notice u/s 124 within six months of...

  2. The CESTAT held that it had jurisdiction to hear the appeal concerning confiscation of gold jewelry, despite arguments of maintainability. While confiscation u/ss 77,...

  3. Levy of Penalty u/s 112 - Scope of the show cause notice - The CESTAT noted that, no show cause notice has been issued proposing the demand of differential duty or the...

  4. Misappropriation of duty-free gold bullion received under Special Economic Zone Scheme for manufacture and export of studded gold jewelry - fraudulent diversion into...

  5. Confiscation - Smuggling - Gold Bullion - Gold Jewellery - The appellant has not adduced any evidence to indicate that the same were procured locally. Appellants who...

  6. 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...

  7. Territorial jurisdiction of Court - Confiscation of gold - levy of penalty on the petitioner - The High Court assessed the jurisdictional aspect raised by the petitioner...

  8. Petitioner sought declaration that it is not required to obtain NOC from Narcotics Commissioner for exporting its product containing Methyl Ethyl Ketone (MEK). Issue was...

  9. 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....

  10. HC overturned absolute confiscation of undeclared gold jewelry seized at airport from Dubai returnee. Following precedent in N. Kaliyamoorthy case, court held that...

  11. Validity of SCN - extended period of limitation - earlier show cause notice was adjudicated by the Authority and the proceedings were dropped - In the present case, the...

  12. Validity of reduction of fine and penalty - Jurisdiction of appellate authority - Confiscation of Gold ornaments u/s 130 - Transportation of Gold without proper...

  13. Absolute Confiscation - Gold jewellery in question was not declared - Since it is not prohibited item, in terms of the liberalized policy, jewellery can be brought and...

  14. Gold ornaments worn by a foreign tourist entering India - In the absence of a statutory prescription in express terms to the effect that a foreign tourist entering...

  15. Smuggling - Confiscation of gold / gold jewellery - burden to prove - on all the jewellery, there are no foreign markings and hence, there is no reasonable basis to...

 

Quick Updates:Latest Updates