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Non-confirmation of FEMA seizure prevents adjudicators from overriding pending appellate findings on recorded reasons and suspected foreign asset hold...
Gold and gold jewellery seized pending adjudication may be provisionally released under Section 110A where the goods are not prohibited for import and redemption would remain available under Section 125 even on confiscation. Mere allegations in a show cause notice or investigation record are not, by themselves, enough to refuse release. On the facts, the stock register supported licit procurement and possession, so the balance of convenience favoured release. The Tribunal allowed provisional release subject to execution of a bond for the full value of the goods and a bank guarantee for 50% of the gold value with an auto-renewal clause, with release to follow within the stipulated time.
Gold and gold jewellery seized pending adjudication may be provisionally released under Section 110A where the goods are not prohibited for import and redemption would remain available under Section 125 even on confiscation. Mere allegations in a show cause notice or investigation record are not, by themselves, enough to refuse release. On the facts, the stock register supported licit procurement and possession, so the balance of convenience favoured release. The Tribunal allowed provisional release subject to execution of a bond for the full value of the goods and a bank guarantee for 50% of the gold value with an auto-renewal clause, with release to follow within the stipulated time.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
