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CESTAT allowed appellant's appeal for release of 53 kgs of gold seized by DRI. The Tribunal found that the Commissioner's order lacked evidentiary basis, particularly regarding the allegation that premises lacked fully mechanized jewelry manufacturing equipment. The panchanama clearly documented two jewelry manufacturing machines on the fifth floor, which the Commissioner erroneously assumed were not fully mechanized without proper verification. The gold was detained on 17.08.2020, preventing fulfillment of export obligations under the Advance Authorization. The Delhi HC had previously ruled that appellant could apply for extension/revalidation of the Advance Authorization License after adjudication of the show cause notice, acknowledging the appellant was prevented from exporting due to the seizure.
CESTAT allowed appellant's appeal for release of 53 kgs of gold seized by DRI. The Tribunal found that the Commissioner's order lacked evidentiary basis, particularly regarding the allegation that premises lacked fully mechanized jewelry manufacturing equipment. The panchanama clearly documented two jewelry manufacturing machines on the fifth floor, which the Commissioner erroneously assumed were not fully mechanized without proper verification. The gold was detained on 17.08.2020, preventing fulfillment of export obligations under the Advance Authorization. The Delhi HC had previously ruled that appellant could apply for extension/revalidation of the Advance Authorization License after adjudication of the show cause notice, acknowledging the appellant was prevented from exporting due to the seizure.
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