2019 (12) TMI 656 - AT - Customs

Tribunal overturns gold confiscation decision, finding appellants proved legitimate purchase.

Shri S. Ramki, V. Ramachandran, P. Dilli Raja Versus The Principal Commissioner of Customs (Chennai-III)

Shri S. Ramki, V. Ramachandran, P. Dilli Raja Versus The Principal Commissioner of Customs (Chennai-III) - 2020 (372) E.L.T. 372 (Tri. - Chennai) Issues Involved:1. Confiscation of gold.2. Legitimacy of bills produced as evidence of gold purchase.3. Authority and scope of remand by Commissioner (Appeals).4. Verification of bills in relation to bail application.Issue-wise Detailed Analysis:1. Confiscation of Gold:The appellants were intercepted by the Central Crime Branch, leading to the recovery of gold and subsequent registration of a crime under Section 41 read with 102 Cr.P.C. The Customs department later took over the investigation and issued a show cause notice proposing confiscation and penalties. The original authority confirmed the confiscation and imposed penalties, which were upheld by the Commissioner (Appeals). However, the appellate tribunal found that the appellants had sufficiently established the purchase of gold through bills and that the department's assumptions were unfounded. Consequently, the impugned order was set aside, and the appeals were allowed with consequential reliefs.2. Legitimacy of Bills Produced as Evidence of Gold Purchase:The appellants produced bills from Rashid Jewellery and Radhika Jewellery in Imphal to prove the purchase of the gold. The department initially rejected these bills, questioning their authenticity. However, investigations revealed that the sellers confirmed the transactions, and the books of account reflected these sales. Although minor discrepancies were noted, such as slight differences in the name on the bills and carbon copies, the tribunal found these to be inconsequential. The Commissioner (Appeals) had earlier observed that the bills should not be dismissed as non-genuine based on these minor discrepancies.3. Authority and Scope of Remand by Commissioner (Appeals):The Commissioner (Appeals) remanded the matter to the original authority to verify whether the bills were mentioned in the bail application, which would confirm their authenticity. However, the original authority conducted a de novo adjudication, which was beyond the scope of the remand. The tribunal noted that the original authority should have confined itself to verifying the bills against the certified copy of the bail application, as directed by the Commissioner (Appeals).4. Verification of Bills in Relation to Bail Application:The tribunal examined the bail application and found that it contained references to the bills, thus eliminating the doubt raised by the Commissioner (Appeals) about the bills being created later. The tribunal concluded that the appellants were in possession of the bills at the time of filing the bail application, and the bills were genuine. The tribunal also addressed the department's argument regarding the seal impression on the bail application, finding it reasonable to infer that the seal was from the Economic Offences Court at Egmore, where the case files were transferred.Conclusion:The tribunal found that the appellants had sufficiently demonstrated the lawful purchase of the gold through genuine bills. The original authority's decision to confiscate the gold and impose penalties was based on assumptions and was not supported by concrete evidence. The tribunal set aside the impugned order, allowing the appeals with consequential reliefs.