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        Customs

        CESTAT held that the record fails to establish the foreign...

        Revenue failed to prove gold was foreign or smuggled; Section 123 reverse onus inapplicable, Section 112(b) confiscation set aside

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                CESTAT held that the record fails to establish the foreign origin or smuggled character of seized gold recovered from domestic premises, and the seizure lacked the necessary subjective satisfaction and contemporaneous material to justify a reasonable belief of smuggling. Consequently, Section 123's reverse onus is inapplicable until the Revenue first proves foreign origin; the onus therefore remained on the Department, which it did not discharge. In absence of proof that the gold constituted prohibited imports, confiscation and penalties under Section 112(b) could not be sustained. The Commissioner (Appeals) correctly set aside confiscation and penalties, and the Revenue's appeals were dismissed.
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