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The CESTAT allowed the appeal, setting aside the order of confiscation and the redemption fine in respect of seized consignments of black pepper, dry peas and dry khajur, concluding that none were "notified goods" and that the Revenue failed to discharge the statutory burden of proving smuggling or foreign origin; testing reports were inconclusive. Consequently the confiscation order, the redemption fine and all penalties against the appellant proprietor and the godown-keeper were quashed. The Tribunal held that absent admissible evidence establishing illicit origin, neither confiscation nor penalty could be sustained, and the appeal was disposed of in favour of the appellant.
The CESTAT allowed the appeal, setting aside the order of confiscation and the redemption fine in respect of seized consignments of black pepper, dry peas and dry khajur, concluding that none were "notified goods" and that the Revenue failed to discharge the statutory burden of proving smuggling or foreign origin; testing reports were inconclusive. Consequently the confiscation order, the redemption fine and all penalties against the appellant proprietor and the godown-keeper were quashed. The Tribunal held that absent admissible evidence establishing illicit origin, neither confiscation nor penalty could be sustained, and the appeal was disposed of in favour of the appellant.
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