2005 (4) TMI 504 - AT - Customs

Tribunal Upholds Confiscation Order for Seized Gold

COMMISSIONER OF CUSTOMS, INDORE Versus PUSHPAWATI NAGAR

COMMISSIONER OF CUSTOMS, INDORE Versus PUSHPAWATI NAGAR - 2006 (193) E.L.T. 116 (Tri. - Del.) Issues:1. Appeal against order-in-appeal passed by the Commissioner (Appeals) regarding the confiscation of gold coins and pendants recovered during a search.2. Confiscation of gold by the Customs department on the ground of being smuggled in nature due to foreign origin.3. Failure of the respondents to produce evidence regarding legal acquisition of the seized gold.4. Contention of the Revenue regarding illegal acquisition and possession of contraband goods by the respondents.5. Appeal filed by the respondents against the confiscation and penalty imposed by the adjudicating authority.Analysis:1. The Revenue filed an appeal against the order-in-appeal passed by the Commissioner (Appeals) regarding the confiscation of gold coins and pendants recovered during a search conducted by the Income Tax department in 1988. The Customs department seized the gold on the grounds of being of foreign origin and issued a show-cause notice. The adjudicating authority confiscated the gold and imposed a penalty of Rs. 20,000 on the respondents for failing to produce evidence of legal acquisition of the gold.2. The Revenue contended that the respondents had illegally acquired and possessed contraband goods, specifically mentioning that the gold was received from the respondents' father and mother-in-law. However, the respondents failed to provide evidence to substantiate the legal acquisition of the seized gold. The Revenue argued that the mere presence of foreign markings on the gold was not sufficient to disprove its smuggled nature, leading to the appeal against the order-in-appeal.3. The respondents maintained that the gold in question was received from their father and mother-in-law on various occasions and that the foreign markings alone did not conclusively prove the gold to be smuggled. They cited a previous Tribunal decision to support their argument. The history of the gold being received from the father, who had received it as a reward from the Holker Rulers, was presented as evidence. The Tribunal found no fault in the respondent's claim and dismissed the appeal, highlighting the lack of rebuttal by the Revenue regarding the origin and acquisition of the gold.4. The judgment emphasized the continuous stand of the respondent regarding the legitimate acquisition of the gold from their family members. The Tribunal noted the historical context of the gold being rewards from the Holker Rulers to the respondent's father, which was not challenged by the Revenue. Consequently, the Tribunal upheld the order-in-appeal and dismissed the Revenue's appeal, indicating no deficiency in the decision made by the Commissioner (Appeals).This detailed analysis of the judgment provides a comprehensive overview of the issues involved, the arguments presented by both parties, and the Tribunal's reasoning leading to the dismissal of the Revenue's appeal.