2009 (3) TMI 840 - AT - Customs

Tribunal Upheld Confiscation of Gold Bars & Ornaments Under Customs Act

The Tribunal upheld the confiscation of foreign marked gold bars and 38 gold ornaments under the Customs Act, 1962, due to previous rulings. The penalty ... Confiscation - Penalty Issues:Challenge to confiscation of gold bars and jewelry under Gold Control Act, 1968 and Customs Act, 1962. Imposition of penalty under both Acts.Analysis:The appellant challenged the confiscation of foreign marked gold bars and 38 gold ornaments seized from their residence, along with the imposition of a penalty of Rs. 35,000 under the Gold Control Act, 1968. The Tribunal noted that the items were confiscated under both the Gold Control Act and the Customs Act, 1962. The confiscation under the Customs Act had been upheld previously, leading to the dismissal of the appellant's appeal and subsequent application for restoration. Consequently, the Tribunal upheld the confiscation of the gold bars and jewelry due to the previous rulings under the Customs Act.Regarding the penalties imposed under both Acts, the Tribunal acknowledged that penalties were imposed under the Customs Act and the Gold Control Act. It was observed that the appellant's plea that the jewelry was declared was a new argument introduced during the proceedings and was not relied upon earlier. Consequently, the Tribunal decided that the penalty for the gold bars and jewelry could not be entirely set aside. However, considering that the Gold Control Act had been repealed almost 18 years ago, the penalty imposed under this Act was reduced from Rs. 35,000 to Rs. 5,000. Ultimately, the appeal was partly allowed by the Tribunal.In conclusion, the Tribunal upheld the confiscation of the gold bars and jewelry due to previous rulings under the Customs Act, while also reducing the penalty under the Gold Control Act from Rs. 35,000 to Rs. 5,000 considering the repeal of the Act. The appeal was partly allowed based on these considerations.