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    January 29, 2026   Case Laws Law of Competition
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Burden of proof in customs proceedings shifts to the respondent...

Smuggling burden of proof in customs proceedings leads to release of gold when no evidence of foreign origin exists.

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Customs January 29, 2026 Case Laws AT
Burden of proof in customs proceedings shifts to the respondent only upon a reasonable belief that goods are smuggled; here the department admitted domestic purchase invoices and produced no corroborative evidence of foreign origin, so the asserted smuggled character was unproven and confiscation could not be sustained. The appellate authority set aside the original detention and ordered unconditional release of the specified gold bar because proof of domestic chain of transaction and lawful acquisition was established and the Revenue failed to discharge evidentiary requirements.

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Acts Income Tax